Entire Bulletin

Volume 41 Number 46 Saturday, November 12, 2011 • Harrisburg, PA Pages 6071—6184

Agencies in this issue The Governor The General Assembly The Courts Department of Banking Department of Environmental Protection Department of Health Department of Public Welfare Department of Transportation Environmental Hearing Board Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission State Board of Nursing State Employees’ Retirement Board Detailed list of contents appears inside. Latest Pennsylvania Code Reporters (Master Transmittal Sheets): No. 444, November 2011

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Copyright ௠ 2011 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 6073 CONTENTS THE GOVERNOR St. Luke’s Hospital—Anderson ...... 6162 Pennsylvania Dairy Leadership Council ...... 6081 The Surgery Center at Brinton Lake ...... 6162 York Hospital ...... 6162 DEPARTMENT OF PUBLIC WELFARE THE GENERAL ASSEMBLY Notices Recent actions during the 2011 regular session of Medical Assistance Program fee schedule for consoli- the General Assembly ...... 6084 dated and person/family directed support waiver- funded select services, Targeted Service Manage- ment and Community Mental Retardation Base- THE COURTS Funded Program effective November 15, 2011, DISCIPLINARY BOARD OF THE SUPREME COURT through June 30, 2012 ...... 6163 Medical Assistance Program fee schedule for select Notice of disbarment ...... 6085 services in the consolidated and person/family LOCAL COURT RULES directed support waivers and Community Mental Montgomery County Retardation Base Program; correction effective Amendment of local rule of civil procedure 1303— July 1, 2011, through November 14, 2011...... 6168 hearing. notice; no. 2011-00001 ...... 6085 Rate setting methodology for consolidated and person/family directed support waiver- and base- RULES OF JUDICIAL ADMINISTRATION funded services for individuals participating in Order amending rule 1920 of the rules of judicial the Office of Developmental Programs service administration; no. 370 judicial administration system effective November 15, 2011, through June doc...... 6085 30, 2012...... 6173 Rate setting methodology for consolidated and person/family directed support waiver- and base- EXECUTIVE AGENCIES funded services for individuals participating in the Office of Developmental Programs service DEPARTMENT OF BANKING system from July 1, 2011, through November 14, Notices 2011...... 6175 Actions on applications...... 6094 DEPARTMENT OF TRANSPORTATION DEPARTMENT OF ENVIRONMENTAL PROTECTION Rules and Regulations Notices Intrastate motor carrier safety requirements; snow Applications, actions and special notices...... 6094 removal operations...... 6086 Availability of technical guidance ...... 6155 Proposed Rulemakings Bid opportunity (4 documents) ...... 6155, 6156 Delivery of certificates of title ...... 6088 DEPARTMENT OF HEALTH Public transportation—sustainable mobility ...... 6089 Notices Notices Applications for exception: Contemplated sale of land no longer needed for American Access Care of PA ...... 6156 transportation purposes ...... 6177 Chestnut Hill Hospital ...... 6156 Children Surgery Center ...... 6157 ENVIRONMENTAL HEARING BOARD Children’s Surgery Center, LLC...... 6157 Notices Digestive Health Center of Indiana, P.C...... 6157 UMCO Energy, Inc. v. DEP; EHB doc. no. 2011- Divine Providence Hospital ...... 6158 156-R ...... 6178 Dubois Regional Medical Center—Clearfield Visit- ing Physician Suite ...... 6158 INDEPENDENT REGULATORY REVIEW Dubois Regional Medical Center—Orthopaedic COMMISSION Hospitalist/Fracture Clinic ...... 6158 Four Seasons Endoscopy Center ...... 6159 Notices Indiana Ambulatory Surgical Associates ...... 6159 Action taken by the Commission ...... 6178 Jefferson Regional Medical Center ...... 6159 INSURANCE DEPARTMENT Lehigh Valley Hospital ...... 6159 Lehigh Valley Hospital Muhlenberg ...... 6160 Notices Meadville Medical Center ...... 6160 Agency Contract Termination of Cornerstone Profes- Penn Medicine Hospital of the University of sional Liability Consultants under Act 143; Pro- Pennsylvania ...... 6160 fessional Casualty Association; doc. no. AT11-10- Shamokin Area Community Hospital ...... 6161 014...... 6179 Shriners Hospitals ...... 6161 Allstate Fire and Casualty Insurance Company; The Skin Center ...... 6161 private passenger automobile rate and rule revi- St. Luke’s Hospital ...... 6162 sions ...... 6179

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PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6074

Blue Oil Company, Inc.; prehearing ...... 6180 Telecommunications...... 6182 Erie Insurance Exchange; private passenger auto Water service ...... 6182 insurance rate and rule revision ...... 6180 Physicians Insurance Program Exchange; prehear- STATE BOARD OF NURSING ing...... 6180 Notices Review procedure hearings under the Unfair Insur- Automatic suspension of the license to practice ance Practices Act ...... 6181 professional nursing of Sara J. Whitlatch, RN; PENNSYLVANIA PUBLIC UTILITY COMMISSION doc. no. 1518-51-11...... 6182 Notices STATE EMPLOYEES’ RETIREMENT BOARD Certificate of public convenience ...... 6181 Petition for finding...... 6181 Notices Service of notice of motor carrier applications...... 6182 Hearings scheduled ...... 6183

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6075 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Commission; Applications and Actions before the Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

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PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6076

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6077 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2011.

1 Pa. Code (General Provisions) 31 Pa. Code (Insurance) Adopted Rules Adopted Rules 1 ...... 2686 39...... 592 39a...... 592 4 Pa. Code (Administration) 43...... 4948 Adopted Rules 84b...... 599 6 ...... 1754, 5345, 5348, 6081 84c...... 600 7 ...... 5350 84d...... 601 7a...... 5345, 5350 118a...... 602 Statements of Policy 34 Pa. Code (Labor and Industry) 9 ...... 522, 614, 1784, 3100, 3733, 4441, 4854, 5388 Adopted Rules 61...... 844 7 Pa. Code (Agriculture) 63...... 3094 Adopted Rules 65...... 848 59...... 2540 59a...... 2540 37 Pa. Code (Law) Proposed Rules Proposed Rules 431...... 5961 144 ...... 2123 40 Pa. Code (Liquor) Statements of Policy Proposed Rules 28c...... 351 3 ...... 4104 5 ...... 4104 25 Pa. Code (Environmental Protection) Adopted Rules 49 Pa. Code (Professional and Vocational Standards) 78...... 805 Adopted Rules 86...... 3084, 4624 5 ...... 2845 87...... 3084 20...... 16 88...... 3084 27...... 5365 89...... 3084 37...... 2847 90...... 3084 43b...... 2853, 2856 47...... 4627 93...... 1335, 4751, 4754 48...... 4627 105...... 219 49...... 4627 121...... 4761 127...... 4761 Proposed Rules 129...... 229 5 ...... 4958 208...... 5360 11...... 4541 250...... 230, 840, 1458 27...... 1337 901...... 3187 31...... 4982 33...... 4960 Proposed Rules 40...... 4962 208...... 5959 42...... 1909 806...... 3987 43b...... 4535, 4538 901...... 1173 52 Pa. Code (Public Utilities) 28 Pa. Code (Health and Safety) Adopted Rules Proposed Rules 23...... 4100 1001 ...... 5865 56...... 5473 1003 ...... 5865 62...... 30 1005 ...... 5865 1007 ...... 5865 Proposed Rules 1009 ...... 5865 33...... 5634 1011...... 5865 59...... 1020 1013 ...... 5865 111...... 5624 1015 ...... 5865 1001 ...... 435 1021 ...... 5865 1003 ...... 435 1023 ...... 5865 1005 ...... 435 1011...... 435 1025 ...... 5865 1013 ...... 435 1027 ...... 5865 1015 ...... 435 1029 ...... 5865 1017 ...... 435 1031 ...... 5865 1019 ...... 435 1033 ...... 5865 1021 ...... 435

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1023 ...... 435 563...... 1897, 3825 1025 ...... 435 565...... 234, 2329, 4949 1027 ...... 435 569...... 234, 2962, 3825 1029 ...... 435 571...... 2952, 2962 1051 ...... 435 573...... 3825 1053 ...... 435 575...... 5155 1055 ...... 435 1057 ...... 435 Proposed Rules 1059 ...... 435 51...... 2971 1061 ...... 435 53...... 2978 1063 ...... 435 61...... 2444 1065 ...... 435 63...... 2444, 2976 65...... 2447, 2976 Statements of Policy 69...... 5555 41...... 3009, 3863 71...... 5560 97...... 2975, 2978 55 Pa. Code (Public Welfare) 111...... 2978 Adopted Rules 131...... 1633 1187...... 4630 137...... 4637 1189...... 4630 139...... 1634 141...... 1625, 1626, 1627, 1629, 1631 Statements of Policy 143...... 1625 178...... 5064 147...... 2701, 4420 6000 ...... 352 401a ...... 1018, 2581, 5373 403a ...... 5373 58 Pa. Code (Recreation) 405a ...... 1018, 5373 Adopted Rules 407a ...... 5373 51...... 2437 423a ...... 1903 53...... 2438 433a ...... 1903 61...... 5365 435a ...... 1903 63...... 2950, 5365 436a ...... 1903 65...... 2950, 5367 437a ...... 5373 95...... 2438 461a ...... 2581, 5373 111...... 2438 465a ...... 2581 131...... 2687 467a ...... 2581 135...... 1621, 1764 471a ...... 5373 139...... 2688 491a ...... 5373 141...... 1622, 1623, 1765, 2694, 2695, 2696, 493a ...... 5373 2697, 2698, 2699 494a ...... 5373 143...... 2700 495a ...... 5373 147...... 1624, 1764, 1766, 1767, 4419 499a ...... 5373 401a ...... 2439, 5368 501a ...... 5373 405a ...... 5368 511a...... 5373 421a ...... 2439 513a ...... 1903 439a ...... 2439 521...... 1769, 2581 440a ...... 2439 523...... 238 441a ...... 2439 524...... 605 451a ...... 2439 525...... 2581 465a ...... 2439 526...... 1769 481a ...... 2439 527...... 1769 501a ...... 2439 528...... 605 503a ...... 2439 529...... 605 521...... 234 531...... 3000 523...... 2952, 3825, 4949 533...... 3000 525...... 234, 1897, 2329, 2952. 4952 535...... 2981 526...... 3825 537...... 2981 527...... 4949 539...... 2981 531...... 1897 541...... 3196, 3732 535...... 234, 1897, 2329 543...... 3196, 3732 537...... 234, 2952 545...... 3196, 3732 539...... 1897 549...... 4421 541...... 234, 2952, 2962 551...... 5963 543...... 234, 2329, 2962 553...... 5963 545...... 234, 2952 555...... 3975 549...... 234, 1897, 2329, 4949, 4952 557...... 3836 553...... 2329 559...... 3836 555...... 3825 561...... 4421 557...... 2962 563...... 3975 559...... 2962 565...... 3836 561...... 1897, 4952 567...... 3000

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569...... 3836 91...... 4202 571...... 5963 93...... 4202 573...... 5963 211...... 1894 601a ...... 1769 603a ...... 238 Proposed Rules 605a ...... 605 29...... 4084 609a ...... 1769 83...... 2517, 4200, 4845 611a...... 1769 613a ...... 605 207 Pa. Code (Judicial Conduct) 615a ...... 605 Adopted Rules 617a ...... 3000 33...... 4620 619a ...... 3000 51...... 332 621a ...... 2981 623a ...... 2981 Proposed Rules 625a ...... 2981 115...... 1332 627a ...... 3196, 3732 629a ...... 3196, 3732 210 Pa. Code (Appellate Procedure) 631a ...... 3196, 3732 Adopted Rules 633a ...... 4421 5 ...... 5620 635a ...... 5963 11...... 923 637a ...... 5963 15...... 1999 639a ...... 3975 17...... 5353 641a ...... 3836 21...... 5620 643a ...... 3836 63...... 923, 2837, 4620 645a ...... 4421 67...... 1456, 2413 647a ...... 3975 Proposed Rules 649a ...... 3836 1 ...... 2212, 5954 651a ...... 3000 3 ...... 4529 653a ...... 3836 9 ...... 2212, 3968, 4529 655a ...... 5963 15...... 3968 657a ...... 5963 17...... 3968, 4529 61 Pa. Code (Revenue) 19...... 2212, 4529 Adopted Rules 27...... 2212 1001 ...... 41 225 Pa. Code (Rules of Evidence) Proposed Rules Proposed Rules 901...... 4638 I ...... 2795 II ...... 2795 Statements of Policy III...... 2795 60...... 3543 IV...... 2795 94...... 5994 V...... 2795 67 Pa. Code (Transportation) VI...... 2795 Adopted Rules VII...... 2795 21...... 5623 VIII ...... 2795 83...... 46 IX...... 2795 231 ...... 6086 X...... 2795 Proposed Rules 231 Pa. Code (Rules of Civil Procedure) 23...... 6088 Adopted Rules 427...... 6089 200...... 7, 214, 215, 333 1000 ...... 3526 Statements of Policy 1910 ...... 4531, 4847, 4849, 4851, 5153 455...... 4984 1920 ...... 1758 3000 ...... 333 101 Pa. Code (General Assembly) 4000 ...... 334 Statements of Policy Part II ...... 336, 5743 31...... 4775 Proposed Rules 201 Pa. Code (Rules of Judicial Administration) 200...... 2314 Adopted Rules 1000 ...... 2315 7 ...... 4417 1300 ...... 2316 19...... 3719, 6085 1910 ...... 1617, 1618, 1619, 3527 1915 ...... 3719 204 Pa. Code (Judicial System General Provisions) 3000 ...... 5062 Adopted Rules Part II ...... 2932 29...... 1894, 4845 71...... 1895, 5742 234 Pa. Code (Rules of Criminal Procedure) 83...... 331, 2119, 2932, 3526 Adopted Rules 85...... 1757, 4202 1 ...... 1999 87...... 4202 3 ...... 1759 89...... 4202 4 ...... 1167

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5 ...... 834 15...... 2319, 2413 9 ...... 1999 16...... 2319, 2413, 2430, 2434 10...... 216, 834, 3970, 5353 18...... 2413, 2430, 2434, 2839

Proposed Rules Proposed Rules 1 ...... 1008, 2214, 3810, 5538 1 ...... 8, 1013 4 ...... 3812 4 ...... 2522 5 ...... 3810, 5538 5 ...... 3528 6 ...... 2318, 5538 6 ...... 3528 7 ...... 1011 8 ...... 8 9 ...... 2214 11...... 8 10...... 5538 12...... 8 11...... 5538 18...... 8

237 Pa. Code (Juvenile Rules) 249 Pa. Code (Philadelphia Rules) Adopted Rules Unclassified ...... 1760, 3534, 3730, 5154 1 ...... 2319, 2413, 2429, 2684, 2839, 5062, 5355 2 ...... 2319, 2413, 3180 255 Pa. Code (Local Court Rules) 3 ...... 2319, 2684, 3180 Unclassified . . 14, 218, 344, 346, 521, 588, 589, 590, 724, 4 ...... 2319, 2413, 3180 837, 838, 839, 924, 1016, 1017, 1168, 1169, 1332, 5 ...... 2319, 2413, 2684, 3180 1456, 1620, 1763, 1896, 2001, 2002, 2221, 2224, 6 ...... 2319, 2413, 3180 2225, 2525, 2532, 2537, 2843, 3083, 3184, 3541, 8 ...... 2319 3821, 3822, 3823, 3972, 3973, 3974, 4085, 4086, 11...... 2319, 2413, 2430, 2839 4089, 4097, 4098, 4208, 4532, 4533, 4534, 4621, 12...... 2319, 2413, 2839 4622, 4852, 4853, 4944, 4945, 4946, 5063, 5154 14...... 2319, 2413 5359, 5746, 5955, 5956, 6085

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6081 THE GOVERNOR Title 4—ADMINISTRATION PART I. GOVERNOR’S OFFICE [ 4 PA. CODE CH. 6 ] [ EXECUTIVE ORDER NO. 2011-07 ] Pennsylvania Dairy Leadership Council September 28, 2011 Whereas, Pennsylvania is the most productive agricultural state in the Northeast, with more than 63,000 farms, 7,400 of which are dairy operations that are home to 541,000 head of cattle, and Whereas, agriculture and agriculture-related industries are the leading economic drivers in the state of Pennsylvania, contributing more than $51 billion to the state economy; and Whereas, Pennsylvania’s farmers are a vital component of the commonwealth’s economy, with dairy farmers generating $1.96 billion in value to the overall economy, around 85 percent of the dairy farm’s income being spent locally and each farm dollar recycling approximately 2.5 times through the community; and Whereas, in 2010, Pennsylvania dairy farmers produced 10.7 billion pounds of milk, with 19,841 pounds produced per cow per year; and Whereas, Pennsylvania produces 5.6 percent of the nation’s milk supply and ranks 5th nationally in milk production, 6th in butter, 9th in low-fat ice cream, and 19th in hard milk sherbet production; and Whereas, Pennsylvania’s dairy industry has the potential to support and grow the agriculture industry in Pennsylvania by providing more than 45,000 jobs, diversifying agricultural activities, and strengthening the agriculture industry. Now Therefore, I, Tom Corbett, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws of the commonwealth, do hereby establish the Pennsylvania Dairy Leadership Council to coordi- nate the development and expansion of the dairy industry in the Common- wealth of Pennsylvania.

Governor Fiscal Note: 2011-07. No fiscal impact; (8) recommends adoption. Annex A TITLE 4. ADMINISTRATION PART I. GOVERNOR’S OFFICE CHAPTER 6. ADDITIONAL COUNCILS AND COMMITTEES Subchapter KK. PENNSYLVANIA DAIRY LEADERSHIP COUNCIL Sec. 6.461. Purpose. 6.462. Responsibilities. 6.463. Composition. 6.464. Cooperation by State agencies. 6.465. Compensation and expenses. 6.466. Effective date. 6.467. Termination date.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6082 THE GOVERNOR

§ 6.461. Purpose. The purpose of the Pennsylvania Dairy Leadership Council is solely to provide recommendations and input to the Governor, the appropriate Commonwealth agencies and other entities regarding best practices for policies and strategies to promote the coordination of the development and expansion of the dairy industry in this Commonwealth. § 6.462. Responsibilities. The Pennsylvania Dairy Leadership Council (Council) does not have authority to make binding recommendations. Recommendations and input are to be provided by the Council, or subcommittees established by its Chairperson, as it performs the following functions: (1) Make recommendations to the Governor on policies, procedures, regulations and legislation that would aid in the development of the dairy industry. (2) Serve as the Governor’s advisory liaison to the agricultural community on policies, procedures, regulations and legislation that affect the production of dairy products to ensure that State government is accessible, accountable and responsive to the constituency in the dairy industry. (3) Serve as an advisory resource to departments, commissions and agencies under the Governor’s jurisdiction to ensure that these government entities are cognizant of the issues surrounding the dairy industry. (4) Identify key variables and short- and long-term critical issues for the dairy industry including the following areas: (i) Dairy farm business profitability. (ii) Environmental compliance for dairy operations. (iii) Dairy cattle welfare. (iv) Family and next generation dairy producer opportunities. (v) United States Farm Bill and Federal dairy policy. (vi) Pennsylvania dairy policy and legislation. (5) Form work groups to address specific topics and meet as needed to explore issues and identify the needs of the industry relating to those issues. (6) Establish subcommittees and rules and procedures for the effective implementation of its functions, consistent with this subchapter, including procedures to evaluate and measure the effectiveness of the Council as a whole. (7) Conduct studies and issue reports, as it deems necessary, on issues affecting the dairy industry in this Commonwealth. § 6.463. Composition. The Pennsylvania Dairy Leadership Council (Council) will be composed of no more than 25 individuals, each of whom shall be appointed by and serve at the pleasure of the Governor, to provide leadership on key dairy issues. (1) The Secretary of the Department of Agriculture will serve as the Chairperson of the Council. (2) The Council may establish advisory work groups, as the Chairperson may determine are needed, and membership of the workgroups may be extended beyond members of the Council, as necessary to perform its functions. § 6.464. Cooperation by State agencies. Agencies under the Governor’s jurisdiction shall cooperate with and provide assistance, staff and other support as needed by the Pennsylvania Dairy Leadership Council (Council) to carry out its functions effectively. The Council shall receive administrative support from the Department of Agriculture.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 THE GOVERNOR 6083

§ 6.465. Compensation and expenses. Members of the Pennsylvania Dairy Leadership Council (Council) will not receive compensation for their service as Council members. Nongovernment members will be reimbursed for travel and related expenses in accordance with Commonwealth policy. See Chapter 40 (relating to travel and subsis- tence). § 6.466. Effective date. This subchapter takes effect immediately. § 6.467. Termination date. This subchapter will remain in effect until December 31, 2015, unless revised or rescinded by the Governor. [Pa.B. Doc. No. 11-1927. Filed for public inspection November 11, 2011, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6084 THE GENERAL ASSEMBLY Recent Actions during the 2011 Regular Session of the General Assembly

The following is a summary of recent actions of the General Assembly during the 2011 Regular Session Doc. Date of Bill Printer’s Effective Subject Matter No. Action Number Number Date 2011 GENERAL ACTS of Regular Session ENACTED—ACT 076 through 081 076 Oct 5 HB0378 PN0342 60 days Civil Service Act—State Civil Service Commission 077 Oct 5 HB0712 PN0726 60 days Sgt. Edward W. Shaffer Memorial High- way—designation 078 Oct 5 HB1424 PN1852 60 days Agriculture Code (3 Pa.C.S.)—Pennsylva- nia Preferred Act, enactment 079 Oct 20 SB1151 PN1665 Immediately Municipalities Financial Recovery Act— purpose and legislative intent, fiscal emer- gencies in third class cities and receiver- ship for third class cities 080 Oct 20 SB0631 PN1033 60 days Medal of Honor Grove Highway—designation 081 Oct 25 HB0009 PN2179 60 days Vehicle Code (75 Pa.C.S.)—junior driver’s license, learners’ permits, accident reports and restraint systems * denotes an effective date with exceptions

Effective Dates of Statutes The effective dates specified previously for laws and appropriation acts were contained in the applicable law or appropriation act. Where no date is specified or where the effective date specified is prior to the date of enactment, the effective date is 60 days after final enactment except for statutes making appropriations or affecting budgets of political subdivisions. See 1 Pa.C.S. §§ 1701—1704 (relating to effective dates of statutes). Advance Copies of Statutes Section 1106 of Title 1 of the Pennsylvania Consolidated Statutes provides that the prothonotaries of each county shall file advance copies of statutes in their offices for public inspection until the Laws of Pennsylvania are generally available. Section 2406(h) of The Administrative Code of 1929 provides that the Department of General Services (Department) shall distribute advance sheets of the Laws of Pennsylvania to each law judge of the courts, to every county and public library of this Commonwealth and to each member of the General Assembly. These copies shall be furnished without charge. The Department shall also mail one copy of each law enacted during any legislative session to any person who pays to it the sum of $20. ROBERT W. ZECH, Jr., Director Legislative Reference Bureau [Pa.B. Doc. No. 11-1928. Filed for public inspection November 11, 2011, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6085 THE COURTS The Court Administrator is directed to publish this Title 201—RULES OF Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.C.P. JUDICIAL ADMINISTRATION 239, seven (7) certified copies of this Order shall be filed by the Court Administrator with the Administrative [ 201 PA. CODE CH. 19 ] Office of Pennsylvania Courts. Two (2) certified copies Order Amending Rule 1920 of the Rules of Judicial shall be distributed to the Legislative Reference Bureau Administration; No. 370 Judicial Administration for publication in the Pennsylvania Bulletin, and one (1) Doc. certified copy shall be filed with the Civil Procedural Rules Committee. One (1) copy shall be filed with the Order Law Library of Montgomery County, and one (1) copy with each Judge of this Court. Per Curiam By the Court And Now, this 24th day of October, 2011, It Is Ordered pursuant to Article V, Section 10 of the Constitution of RICHARD J. HODGSON, Pennsylvania that Rule 1920 of the Pennsylvania Rules of President Judge Judicial Administration is amended in the following form. Note: Bold material is new. To the extent that notice of proposed rulemaking may Local Rule 1303. Hearing. Notice. be required by Pa.R.J.A. No. 103, the immediate amendment of Pa.R.J.A. No. 1920 is found to be in the interests (a) of justice and efficient administration. *(1) The Arbitration Administrator shall notify the This Order shall be processed in accordance with Arbitrators and the parties or their counsel, in writing, at Pa.R.J.A. No. 103(b), and the amendment shall be effec- least 30 days before the hearing of the date, time and tive immediately. place of the hearing. Annex A *(2) The written notice required by subdivision (a)(1) shall include the following statement: TITLE 201. RULES OF JUDICIAL ADMINISTRATION ‘‘This matter will be heard by a board of arbitrators at the time, date and place specified but, CHAPTER 19. MISCELLANEOUS if one or more of the parties is not present at ADMINISTRATIVE PROVISIONS the hearing, the matter may be heard at the CRIMINAL AND DISCIPLINARY MATTERS same time and date before a judge of the court AGAINST JUDGES without the absent party or parties. There is no right to a trial de novo on appeal from a Rule 1920. Definitions. decision entered by a judge.’’ ‘‘Disciplinary matter.’’ Any matter arising under Pa. (b) * * * Const. Art. V, § 18. (c) * * * ‘‘Judge.’’ Includes any appointed or elected justice, judge [Pa.B. Doc. No. 11-1930. Filed for public inspection November 11, 2011, 9:00 a.m.] or magisterial district judge of the unified judicial system. ‘‘Criminal investigation or prosecution.’’ Includes any offense listed in 18 Pa.C.S. § 106(a) and any other offense if a person convicted thereof may be sentenced to a term of imprisonment. It does not include parking violations or summary offenses, DISCIPLINARY BOARD OF both traffic and non-traffic, unless there is a likeli- hood that the sentence will be imprisonment. THE SUPREME COURT [Pa.B. Doc. No. 11-1929. Filed for public inspection November 11, 2011, 9:00 a.m.] Notice of Disbarment Notice is hereby given that Kenneth M. Denti, having been disbarred from the practice of law in the State of Title 255—LOCAL New Jersey by Order of the Supreme Court of New Jersey dated January 11, 2011, the Supreme Court of Pennsylva- COURT RULES nia issued an Order on October 25, 2011, disbarring Kenneth M. Denti, from the Bar of this Commonwealth, MONTGOMERY COUNTY effective November 24, 2011. In accordance with Rule 217(f), Pa.R.D.E., since this formerly admitted attorney Amendment of Local Rule of Civil Procedure resides outside of the Commonwealth of Pennsylvania, 1303—Hearing. Notice; No. 2011-00001 this notice is published in the Pennsylvania Bulletin. ELAINE M. BIXLER, Order Secretary And Now, this 13th day of September, 2011, the Court The Disciplinary Board of the hereby amends Montgomery County Local Rule of Civil Supreme Court of Pennsylvania Procedure 1303—Hearing. Notice. This Amended Local [Pa.B. Doc. No. 11-1931. Filed for public inspection November 11, 2011, 9:00 a.m.] Rule shall become effective thirty days after publication in the Pennsylvania Bulletin.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6086 RULES AND REGULATIONS Title 67—TRANSPORTATION Persons and Entities Affected This emergency regulation will affect State and local DEPARTMENT OF TRANSPORTATION government drivers who drive commercial motor vehicles [ 67 PA. CODE CH. 231 ] to provide snow removal, highway maintenance and traffic control support activities. This emergency regula- Intrastate Motor Carrier Safety Requirements; tion will also affect private motor carrier drivers who Snow Removal Operations provide snow removal activities on behalf of State or local governments. The Department of Transportation (Department), under 75 Pa.C.S. §§ 4704 and 6103 (relating to inspection by Fiscal Impact police or Commonwealth personnel; and promulgation of Implementation of this emergency regulation will not rules and regulations by department), amends Chapter require the expenditure of additional funds by the Com- 231 (relating to intrastate motor carrier safety require- monwealth or local municipalities. This emergency regu- ments) to read as set forth in Annex A. This rulemaking lation will not impose additional costs on the regulated is being promulgated as an emergency regulation under community. section 6(d) of the Regulatory Review Act (71 P. S. § 745.6(d)). Regulatory Review The Department published a final-form rulemaking at Under section 5.1 of the Regulatory Review Act (71 P. S. 40 Pa.B. 2106 (April 24, 2010) to amend the intrastate § 745.5a), on November 1, 2011, the Department submit- motor carrier safety regulations to comply with the ted a copy of this emergency regulation to the Office of Federal Motor Carrier Safety Regulations. After the final- Attorney General, the Independent Regulatory Review form rulemaking, during the winter of 2010-2011, State Commission and the Chairpersons of the House and (the Department and the Turnpike Commission (Commis- Senate Transportation Committees for review. In addition sion)) and local governments contacted the Department to this emergency regulation, the Committees were pro- and expressed concern that the final-form rulemaking vided with a copy of the certification from the Governor rescinded § 231.346 which had been interpreted to allow that this emergency regulation is required to meet an drivers of snow plows to operate on 12-hour driving emergency threatening the public health, safety or wel- shifts. The Federal Motor Carrier Safety Regulations fare. The Committees were also provided with a detailed which were adopted limit drivers of commercial vehicles Regulatory Analysis Form prepared by the Department. A to 11-hour shifts. During several snowstorms in the past copy of this material is available to the public upon winter, the Department, the Commission and local mu- request. nicipalities experienced difficulty in securing sufficient Effective Date numbers of qualified snow plow operators to effectively keep roads safe and free of snow and still comply with the This emergency regulation is effective upon publication restrictions of the newly adopted regulations. in the Pennsylvania Bulletin. This emergency regulation is needed to provide State Contact Person and local governments with the flexibility to ensure that roadways can be cleared of snow. Governor Corbett issued The contact person for technical questions about the a Certification of Need for Emergency Regulation stating emergency regulation is Daryl St. Clair, Bureau of High- that the regulatory amendment is needed on an expedited way Safety and Traffic Engineering, 400 North Street, 6th basis, with the approach of the 2011-2012 winter season. Floor, Commonwealth Keystone Building, Harrisburg, PA 17120, (717) 787-6899. Purpose of Chapter Order The purpose of Chapter 231 is to prescribe the minimum requirements and qualifications for drivers, vehicles The Department orders that: and other matters relating to the intrastate operation of (a) The regulations of the Department, 67 Pa. Code commercial vehicles. Chapter 231, are amended by amending § 231.8 to read Purpose of Amendment as set forth in Annex A, with ellipses referring to the existing text of the regulation. The purpose of the amendment to Chapter 231 is to provide State and local governments with more flexibility (b) The Secretary of the Department shall submit this under the regulations for snow removal activities, road- order and Annex A to the Office of General Counsel and way maintenance activity and traffic control support the Office of Attorney General for approval as to legality operations to keep the highways and roadways in this and form, as required by law. Commonwealth safe for travel. (c) The Secretary shall certify this order and Annex A Summary of Significant Amendments and deposit the same with the Legislative Reference Bureau as required by law. This emergency regulation will exempt State and local government drivers performing roadway maintenance, (d) This emergency regulation shall take effect upon snow plow operations and traffic control support opera- publication in the Pennsylvania Bulletin. tions from the hours of service and driver log require- BARRY J. SCHOCH, P.E., ments. This emergency regulation will also extend the Secretary permitted driving time from 11 hours to 12 hours for drivers of private carriers who are performing snow Fiscal Note: 18-426. No fiscal impact; (8) recommends removal operations for State or local governments. adoption.

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GOVERNOR’S OFFICE Further, I hereby authorize the Secretary of Transpor- Certification of Need for Emergency Regulation tation to publish these amendments in the Pennsylvania Bulletin as a Final Rulemaking consistent with the Whereas, the Commonwealth Department of Transpor- provisions of Section 4 of the Regulatory Review Act, as tation and local political subdivisions engage in snow amended, 71 P. S. § 745.6(d). removal activities on state and local highways; and Given under my hand and the Seal of the Governor, at the City of Harrisburg, Whereas, the Turnpike Commission engages in snow on this twenty-eighth day of October in removal activity on the Pennsylvania Turnpike; and the year of our Lord two thousand and Whereas, snow removal is fundamental to the safety of eleven, and of the Commonwealth the two hundred and thirty fifth. the travelling public as well as the safe and efficient flow of commerce throughout Pennsylvania; and

Whereas, there is a shortage of drivers with commercial driver licenses who are available to provide snow removal services for or on behalf of state and local governments; and Governor Whereas, existing Department of Transportation regula- Annex A tions restrict the amount of time that a state or local TITLE 67. TRANSPORTATION government driver may operate a snow plow to 11 hours; and PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS Whereas, state and local governments also contract with motor carriers to supplement the snow removal ARTICLE VIII. ADMINISTRATION AND activities but those drivers are also restricted to 11 hours ENFORCEMENT of driving time under existing Department of Transporta- CHAPTER 231. INTRASTATE MOTOR CARRIER tion regulations; and SAFETY REQUIREMENTS Subchapter A. GENERAL Whereas, state and local governments have expressed concerns that the existing Department of Transportation § 231.8. Additions or modifications to 49 CFR. regulations adversely affect their ability to provide ad- As stated in § 231.7 (relating to adoption of portions of equate snow removal services; and 49 CFR by reference), this chapter generally incorporates 49 CFR Parts 382, 385, 390, 391, 392, 393, 395 and 396. Whereas, existing Department of Transportation regula- The following modification, additions and deletions to tions do not provide state and local governments ad- those parts apply: equate flexibility to allow drivers to engage in snow removal activities for periods in excess of the amount ***** permitted by regulation; and (15) 49 CFR 395.1 (relating to scope of rules in this part) is modified by adding subsections as follows: Whereas, without immediate amendment of the regulations, snow removal activities by and on behalf of state (q.1) This part does not apply to transportation relat- and local governments will be severely hampered to the ing to snow removal, roadway maintenance and traffic detriment of the safety of the travelling public and the control support activities performed by a state or any safe and efficient flow of commerce; and political subdivision of the state. (q.2) A driver performing highway snow removal opera- Whereas, without immediate amendment of the regulations on behalf of the state or any political subdivision of tions the Department of Transportation, the Turnpike the state who is not eligible to be exempted under Commission and local governments will continue to be subsection (q.1) may operate a commercial motor vehicle without a mechanism to address this problem during the for up to 12 hours provided that: period of time required to propose and promulgate a (1) The driver does not drive a commercial motor rulemaking. vehicle after having been on duty for more than 16 hours; Now Therefore, I do hereby certify that the regulatory and amendments to 67 Pa. Code, Chapter 231, following (2) The driver has not been on duty 70 hours in 7 hereto as ANNEX A are required to meet the emergency consecutive days or 80 hours in 8 consecutive days. conditions enumerated in the recitals above and to safe- [Pa.B. Doc. No. 11-1932. Filed for public inspection November 11, 2011, 9:00 a.m.] guard the public health, safety and welfare as described therein.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6088 PROPOSED RULEMAKINGS to final publication of the rulemaking, by the Depart- DEPARTMENT OF ment, the General Assembly and the Governor of com- TRANSPORTATION ments, recommendations or objections raised. Sunset Provisions [ 67 PA. CODE CH. 23 ] The Department will make these amendments effective Delivery of Certificates of Title upon final-form publication following appropriate evaluation of comments, suggestions or objections received dur- The Department of Transportation (Department), under ing the period allowed for public comment. The Depart- the authority in 75 Pa.C.S. §§ 1107, 1151.1 and 6103 ment is not establishing a sunset date for these (relating to delivery of certificate of title; program; and regulations since these regulations are needed to adminis- promulgation of rules and regulations by department), ter provisions required under 75 Pa.C.S. (relating to proposes to amend Chapter 23 (relating to delivery of Vehicle Code). The Department, however, will continue to certificates of title) to read as set forth in Annex A. closely monitor these regulations for their effectiveness. Public Comments Purpose of this Chapter Interested persons are invited to submit written com- The purpose of Chapter 23 is to specify the manner of ments, suggestions or objections regarding the proposed delivery of encumbered certificates of title and certificates rulemaking to Penni Bernard, Customer Service Division, of title which are issued by the Department free of a lien 3rd Floor, Riverfront Office Center, 1101 South Front or encumbrance, as provided by 75 Pa.C.S. § 1107. Street, Harrisburg, PA 17104, [email protected]. Purpose of this Proposed Rulemaking Contact Person The purpose of this proposed rulemaking is to include The contact person for this proposed rulemaking is electronic transmission of certificates of title consistent Penni Bernard, Customer Service Division, 3rd Floor, with the system developed under 75 Pa.C.S. § 1151 Riverfront Office Center, 1101 South Front Street, Harris- (relating to electronic media system for vehicle titles burg, PA 17104, [email protected]. (expired)). These proposed amendments also correct typo- BARRY J. SCHOCH, P.E., graphical errors. Secretary Summary of Significant Amendments Fiscal Note: 18-423. No fiscal impact; (8) recommends adoption. Proposed amendments to § 23.2 (relating to general rule) provide that a certificate of title containing a Annex A lienholder or encumbrancer may be either mailed or TITLE 67. TRANSPORTATION electronically transmitted to the first named lienholder or encumbrancer. PART I. DEPARTMENT OF TRANSPORTATION Persons and Entities Affected Subpart A. VEHICLE CODE PROVISIONS ARTICLE II. TITLE The proposed rulemaking will affect the Department in the delivery of a certificate of title and a lienholder who CHAPTER 23. DELIVERY OF CERTIFICATES OF may receive an encumbered certificate of title. TITLE Fiscal Impact § 23.2. General rule. Implementation of this proposed rulemaking will not ***** require the expenditure of significant additional funds by (b) Encumbered titles. Every certificate of title issued the Commonwealth or local municipalities. Minimal addi- by the Department of Transportation containing a tional effort or paperwork will be required to validate the lienholder or encumbrancer will be either mailed or identity of the person performing the verification. electronically transmitted to the first named lienholder or encumbrancer. Regulatory Review § 23.3. Exceptions. Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 1, 2011, the Department ***** submitted a copy of this proposed rulemaking and a copy (b) Other. The Director of the Bureau of Motor Vehicles of a Regulatory Analysis Form to the Independent Regu- or his designees may, at [ their ] his discretion, deliver a latory Review Commission (IRRC) and to the Chairper- sons of the House and Senate Transportation Committees. certificate of title, if [ its ] it is free and clear of a lien or A copy of this material is available to the public upon encumbrance, to the owner or a person authorized by the request. owner showing good cause to be entitled to receive the certificate of title. The discretion shall be reserved for Under section 5(g) of the Regulatory Review Act, IRRC circumstances demonstrating exceptional or unusual need may convey any comments, recommendations or objec- and may include, but [ shall ] not be limited to requests tions to the proposed rulemaking within 30 days of the for the title for immediate resale of the vehicle, for close of the public comment period. The comments, recom- shipment of a vehicle overseas, and for use of the title as mendations or objections must specify the regulatory collateral for a loan after submission to the Department review criteria which have not been met. The Regulatory of Transportation for correction of an error. Identification Review Act specifies detailed procedures for review, prior satisfactory to the Department of Transportation shall be

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 PROPOSED RULEMAKINGS 6089 required of the owner or the person authorized by the defines the limitations associated with using route guar- owner prior to delivery of the certificate of title. antee funds as local match funds and the consequences [Pa.B. Doc. No. 11-1933. Filed for public inspection November 11, 2011, 9:00 a.m.] for local match funding if route guarantee funds ever decrease. Section 427.4(a)(10) explains requirements associated with using other private sources of funds as local match funds. Section 427.4(a)(11) explains the requirements which a transit system shall meet to use uncommitted local match reserves as matching funds for a [ 67 PA. CODE CH. 427 ] current State operating assistance grant. Public Transportation—Sustainable Mobility The Department’s experience with financial auditing under the temporary regulations has resulted in revisions The Department of Transportation (Department), Bu- to the financial review process. Section 427.7(a)(2) and (3) reau of Public Transportation, under the authority in 74 (relating to audits) transfers the responsibility of initiat- Pa.C.S. § 1505 (relating to regulations), proposes to ing payment confirmation from the grantee to the Depart- amend Chapter 427 (relating to public transportation— ment because the Department has readily available sustainable mobility) to read as set forth in Annex A. records of payments. This reduces the burden on the Purpose of this Chapter transit systems. Section 427.7(a)(4) requires the review The purpose of Chapter 427 is to implement 74 Pa.C.S. and approval of the audit report by the local transporta- Chapter 15 (relating to sustainable mobility options), as tion financial officer and the board prior to submitting required under 74 Pa.C.S. § 1505. Section 1505 of 74 the audit report to the Department because the Depart- Pa.C.S. directed the Department to promulgate temporary ment cannot effectively use draft reports which may be regulations within 2 years of the effective date of 74 changed after review by the local transportation financial Pa.C.S. Chapter 15, by July 18, 2009, and thereafter to officer and the board. Section 427.7(a)(5) transfers respon- promulgate permanent regulations. The Department has sibility for identifying inconsistencies between required used the period during which the temporary regulations supplemental schedules and the audit report from the have been effective to test and refine the regulations to Department to the grantee. The Department would have assure compliance in carrying out the purposes for which to review the reports line by line to identify inconsisten- 74 Pa.C.S. Chapter 15 provides financial assistance for cies. The grantee generates both reports and thus should public transportation services and infrastructure in this be aware of inconsistencies and can identify them more Commonwealth. This proposed rulemaking is the result of easily than the Department. It is also the grantee’s that experience under the temporary regulations. responsibility to explain the inconsistencies. The explanation can be generated concurrently with identifying incon- Summary of Significant Provisions sistencies, rather than the Department making the iden- The Department’s experience in managing the operat- tification and then going back to the grantee for an ing assistance program under the temporary regulations explanation. It also identifies the potential consequences authorized by 74 Pa.C.S. Chapter 15 has identified a of failing to comply with reporting requirements. variety of sources of local match funds which were Persons and Entities Affected permissible under previous public transportation legislation, including route guarantees. Several transit systems This proposed rulemaking affects various private and have a long history of dependence on route guarantee public entities involved with the provision of public funding as a source of local match funds. In addition, transportation services through this Commonwealth. The several transit systems have had difficulty recently secur- Department is affected as the administrator of the funding sufficient local matching funds from traditional mu- ing provided under 74 Pa.C.S. Chapter 15. nicipal sources and have proposed using other sources, including advertising revenue and local match reserves. Fiscal Impact To address pre-existing arrangements for local match The proposed rulemaking will not require additional which include route guarantees, and to address poor expenditure of funds by the affected entities or by the economic circumstances which make it difficult for transit Commonwealth. systems to secure increases in local match (5% annually, as required under 74 Pa.C.S. Chapter 15), the proposed Regulatory Review rulemaking grandfathers existing route guarantee funding as eligible local match funds and clarify eligibility Under section 5(a) of the Regulatory Review Act (71 requirements for using route guarantee, advertising rev- P. S. § 745.5(a)), on November 1, 2011, the Department enue and local match reserves as current year local submitted a copy of this proposed rulemaking and a copy match funds for operating assistance. of a Regulatory Analysis Form to the Independent Regu- latory Review Commission (IRRC) and to the Chairper- Proposed amendments to § 427.4 (relating to local sons of the House and Senate Transportation Committees. matching funds) clarify local match requirements regard- A copy of this material is available to the public upon ing State operating assistance. Section 427.4(a)(2) further request. defines eligible sources of local match and minimum amounts required. Section 427.4(a)(3) further clarifies Under section 5(g) of the Regulatory Review Act, IRRC local municipal responsibilities when a transit agency may convey any comments, recommendations or objec- uses advertising revenue (normally used as operating tions to the proposed rulemaking within 30 days of the revenue to reduce the operating deficit) as local match close of the public comment period. The comments, recom- funding. Section 427.4(a)(4) explains the consequences of mendations or objections must specify the regulatory shortages in local match funding regarding the use of review criteria which have not been met. The Regulatory advertising revenue as local match funds. Section Review Act specifies detailed procedures for review, prior 427.4(a)(5) clarifies the eligibility of route guarantee to final publication of the rulemaking, by the Depart- funding which had been used as local match prior to the ment, the General Assembly and the Governor of com- enactment of 74 Pa.C.S. Chapter 15. Section 427.4(a)(9) ments, recommendations or objections raised.

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Sunset Date (2) Except for those local transportation organizations The Department is not establishing a sunset date for using [ private sources of ] local matching funds from these regulations since these regulations are needed to private third-party contractors prior to the enactment administer provisions required under 74 Pa.C.S. Chapter of the act, eligible sources of local matching funds for a 15. The Department, however, will continue to closely local transportation organization shall be cash contribu- monitor these regulations for their effectiveness. tions provided by one or more municipalities or private entities in accordance with paragraphs (1) and (10). Public Comments (i) The total amount of municipal local match Interested persons are invited to submit written com- cash contributions for operating assistance cannot ments, suggestions or objections regarding the proposed be less than the total amount of municipal local rulemaking to Laverne Collins, Director, Bureau of Local match cash contributed in the prior fiscal year. and Public Transportation, Department of Transportation, Commonwealth Keystone Building, 400 North Street, (ii) If the required local match is 15% of the State Harrisburg, PA 17120-0064, (717) 787-1214 within 30 funding for operating assistance, the municipal days of publication of this proposed rulemaking in the local match contribution can be reduced propor- Pennsylvania Bulletin. tionate to any reduction in State operating assist- Contact Person ance funding. The contact person is Laverne Collins, Director, Bureau (3) Advertising revenue may be considered an eligible of Public Transportation, Department of Transportation, source of local matching funds for [ section 1513 of the Commonwealth Keystone Building, 400 North Street, act (relating to operating program) ] operating assist- Harrisburg, PA 17120-0064, (717) 787-1214. ance grants[ , ] if the municipalities responsible for pro- BARRY J. SCHOCH, P.E., viding all of the local matching funds annually pass a Secretary resolution which does the following: Fiscal Note: 18-420. (1) Fund; (2) Implementing Year (i) [ Acknowledge ] Acknowledges their responsibil- 2011-12 is $800,000; (3) 1st Succeeding Year 2012-13 is ity for providing the local matching funds. $800,000; 2nd Succeeding Year 2013-14 is $800,000; 3rd Succeeding Year 2014-15 is $800,000; 4th Succeeding Year (ii) [ Agree ] Agrees to offset any shortfall in advertis- 2015-16 is $800,000; (4) 2007-08 Program— ing revenue received during the fiscal year which results $1,172,000,000; 2008-09 Program—$1,219,000,000; in insufficient local matching funds. 2009-10 Program—$1,231,000,000; 2010-11 Program— (iii) Acknowledges that any reduction in service $1,082,000,000; (7) State Public Transportation Assistance or increase in fares due to the net loss of operating Program; (8) recommends adoption. revenue associated with the use of advertising Annex A revenue as local match is the responsibility of the municipalities which provide local match. TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION (4) If a [ municipality fails to offset any shortfall in advertising revenue ] shortfall in advertising Subpart B. NONVEHICLE CODE PROVISIONS revenue causes the local transportation organiza- ARTICLE II. MASS TRANSIT tion to obtain less than its required operating CHAPTER 427. PUBLIC assistance local matching funds in any fiscal year TRANSPORTATION—SUSTAINABLE MOBILITY and the municipality does not offset the shortfall to bring the local match to the minimum required for GENERAL REQUIREMENTS State operating assistance funding, the following § 427.1. Definitions. apply: ***** ***** (b) In addition, [ the following words and terms, (ii) The State operating assistance funding for the fiscal year in which the shortfall occurs will be prorated when used in this chapter, ] the following words and in accordance with subsection (e)(4). terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: (5) All categories of local transportation organization operating revenue, including passenger fares; public or ***** private payments provided in lieu of fares including route Route guarantee—A conditional commitment, either guarantees (unless the route guarantee revenue is express or implied, by a private or public entity to a allowed as local match in accordance with para- local transportation organization to provide financial com- graph (9)); charter or school bus revenue; advertising pensation in return for the provision of public transporta- revenue (unless the advertising revenue is ap- tion service to a designated area or destination which proved for use as local match in accordance with would not be served without the financial compensation. paragraph (3)); and interest income or other miscellaneous sources of revenue do not constitute eligible sources § 427.4. Local matching funds. of local matching funds. (a) Eligible sources for required annual local matching funds. ***** (1) For a private transportation company receiving (8) For a local transportation organization using [ pri- grants directly from the Department under the act, vate sources ] funds provided by a private third- eligible annual local matching funds shall only consist of party contractor as a source of local matching funds contributed cash income that was generated by the prior to the enactment of the act, the following apply transportation company from its nonsubsidized activities. with regard to operating assistance:

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(i) Local matching funds equal to the local matching (i) The total local match reserve amount is identi- funds provided by third-party contractors in State fied in the most recent audit report and can be Fiscal Year 2009-10 may continue to come from private traced through transaction detail to the source of third-party contractor sources provided the following the local match. requirements are met. The private third-party contrac- (ii) The board of the local transportation organi- tor source of local matching funds must: zation passes a resolution which certifies that the ***** local match reserve to be used for operating assistance is not committed to another project. (ii) Local matching funds in excess of the local matching funds provided in State Fiscal [ Yyear ] Year (iii) The local transportation organization provides to the municipalities responsible for provid- 2009-10 must be provided in accordance with paragraph ing the local match written notification of the [ (1) ] (2). [ Private sources are ] Funding from amount of local match reserve that will be used in a private third-party contractor sources is not eligible fiscal year to offset shortfalls in local match pay- for this portion of the local matching funds. ments. (iii) If the amount of local matching funds provided (b) Documentation of availability and schedule for pay- [ through private sources ] by the private third- ment of local matching funds. party contractor is ever decreased to an amount less ***** than the local matching funds provided in State Fiscal Year 2009-10, the lower amount will become the maxi- (2) For local transportation organizations: mum amount of local matching funds which can be ***** provided by the private [ sources ] third-party contractor. All local matching funds in excess of the lower (ii) [ The local municipalities ] A local municipal- amount must be provided in accordance with paragraph ity responsible for providing the required local matching [ (1) ] (2). Private third-party contractor sources are funds shall submit to the local transportation provider an not eligible for this portion of the local matching funds. approved/adopted resolution or budget transmitted by letter signed by the municipality’s chief executive (9) For a local transportation organization using officer certifying the amount that it shall provide the route guarantee funds as a source of local matching local transportation organization [ the required amount funds prior to the enactment of the act, the follow- of local matching funds ] no later than the end of the ing apply for operating assistance funding: State Fiscal Year [ and a schedule indicating dates (i) Local matching funds equal to the local match- and amounts of payments of eligible local matching ing funds provided by route guarantee funds in funds ]. The local transportation organization shall sub- State Fiscal Year 2009-10 may continue to come mit all resolutions or budgets with the transmittal from route guarantee funds. letter signed by the municipality’s chief executive officer to the Department as part of its [ state ] State (ii) Local matching funds in excess of the local grant application. matching funds provided in State Fiscal Year 2009-10 must be provided in accordance with para- (3) For a local transportation organization receiving graph (2). Route guarantee funds are not eligible local matching funds through a private third-party for this portion of the local matching funds. contractor source, the private source of local matching funds shall provide the following: (iii) If the amount of local matching funds provided through route guarantee funds is ever de- ***** creased to an amount less than the local matching (5) If the availability of required local matching funds provided in State Fiscal Year 2009-10, the funds is not certified, the Department may not execute a lower amount will become the maximum amount of grant agreement. local matching funds which can be provided through route guarantee funds. Local matching ***** funds in excess of the lower amount must be (c) Required recordkeeping. provided in accordance with paragraph (2). Route guarantee funds are not eligible for this portion of (1) For both local transportation organizations and the local matching funds. private transportation companies, the local funding provided to meet local matching funds requirements must be (10) Private sources other than funding from pri- deposited and retained in a separate interest bearing vate third-party contractors and route guarantees account until used for eligible public transportation may be eligible as local match provided that a local program expenses. transportation organization has: ***** (i) Requested in writing Department approval of (3) Interest earned and expended shall be reported at the source and amount of the local match from [ private sources. a minimum ] in the annual audit report on schedules as required by the Department. (ii) Provided a written contract between the private source and the local transportation organiza- ***** tion prior to submitting an application for State § 427.5. Procurement. funding. (a) Grantees receiving capital funding under this chap- (11) Local transportation organizations may use ter shall follow the most stringent of any applicable uncommitted local match reserves for operating Federal, State and local procurement procedures. Grant- assistance if the following apply: ees shall have written procurement policies.

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(b) Failure to comply with any applicable procurement misstatement. The audit must include examining, on a requirement may result in the ineligibility of the grantee test basis, evidence supporting the amounts and disclo- to receive future State transit capital funds until the sures in the financial statements and supplemental following conditions are met: schedules. ***** ***** (2) The grantee has resolved any findings in the audit to the satisfaction of the Department or is working (vi) The audit must include supplemental sched- toward the resolution of findings based on a ules as required by the Department. Department-approved action plan. (vii) The audit may not be submitted to the De- (c) [ The grantee shall be responsible for paying partment unless the local transportation finance for the cost of any audit required under subsection officer and board have reviewed the audit for accuracy and have approved it. (b). ] The Department may require the grantee to pay for the audit cost directly, or may deduct the cost of the audit (5) The [ Department will ] grant recipient shall from any future State grant. review the audit report [ and notify the grant recipi- ***** ent of any variances between Department records and the audit report , identify inconsistencies be- (e) The Department may [ establish a procurement ] probationary period for a grantee who has con- tween the supplemental schedules and other sched- ducted a procurement which did not comply with ules and statements within the audit report and provide an explanation satisfactory to the Depart- applicable procurement requirements ] require a ment for the discrepancies. grantee to submit all procurement related documents to the Department for review and written (i) [ The grant recipient will have 45 calendar concurrence prior to award to be eligible to receive days to prepare and submit a written response to State funds for that procurement. the Director of the Bureau of Public Transportation [ (1) During the probationary period, for all pro- on each finding identified in the financial audit curements involving State funds, the grantee must report and with regard to variances identified. ] submit all procurement related documents to the The grant recipient shall provide a written re- Department for review and written concurrence sponse to the Department answering questions prior to award in order to be eligible to receive raised by the Department within 45 calendar days State funds for that procurement. of receipt of the Department’s questions. (2) The grantee will be responsible for all costs (ii) [ The written response will include a correc- associated with the Department’s review of pro- tive action plan for each finding. ] Failure to com- curement related documents. ] ply with reporting requirements by the due date ***** may result in delay or withholding of payments at the discretion of the Department. § 427.7. Audits. (a) The Department will determine the frequency, con- (iii) If the grant recipient cannot produce a written tent and format of reporting requirements, and may response for each finding within 45 calendar days, the include requirements for audit testing procedures, for any grant recipient shall request a time extension in writing entity receiving funding under this chapter. to the Director of the Bureau of Public Transportation with justification for the request. The Director of the ***** Bureau of Public Transportation’s written response (2) Within 90 days after the close of each fiscal year, will accept or reject the request for a time extension. each grant recipient [ shall transmit to ] will receive from the Department for confirmation an accounting of [ (6) The Department will review the audit report funds received from the Department during the preceding and notify the grant recipient of any variances fiscal year [ in a format as required by the Depart- between Department records and the audit report. ment ]. (i) The grant recipient will have 45 calendar days (3) The [ Department will confirm directly with ] to prepare and submit a written response to the grant recipient shall convey directly to the certified Director of the Bureau of Public Transportation on public accounting firm [ (with a copy to the grant each finding identified in the financial audit report recipient) the amount of funds paid to each grant and with regard to variances identified. recipient ] the Department’s confirmation of (ii) The written response will include a corrective amounts identified in paragraph (2). The confirmed action plan for each finding. amounts shall become part of the financial audit report. (4) Within 180 days after the close of a fiscal year, each (iii) If the grant recipient cannot produce a writ- grant recipient shall transmit to the Department an ten response for each finding within 45 calendar annual financial audit report prepared by the certified days, the grant recipient shall request a time exten- public accounting firm identified in paragraph (1). sion in writing to the Director of the Bureau of Public Transportation with justification for the (i) The audit shall be conducted in accordance with request. The Bureau Director will respond in writ- auditing standards generally accepted in the United ing, accepting or rejecting the request for a time States. Those standards require the audit firm to plan extension. ] and perform the audit to obtain reasonable assurance about whether financial statements are free of material *****

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OPERATIONS § 427.12. Performance reviews. § 427.11. Data submission and verification. ***** (a) Factors. The factors used to calculate the distribu- (d) Performance reviews will be conducted as follows: tion of section 1513 operating assistance funds in excess (1) Comparison to peers. of the base operating allocation are the following for the most recently completed fiscal year, as defined ***** in the act: (vi) The local transportation organization will be deter- (1) The total number of Act 44 defined fixed route, mined at risk if one or more of the following apply: ADA paratransit and other Department-approved ***** passengers. (B) Operating revenue per revenue vehicle hour [ are ] ***** is below minus one standard deviation. (3) The number of Act 44 defined fixed route, ADA ***** paratransit and other Department-approved revenue vehicle hours. (D) Operating [ revenue per revenue vehicle hour exceed ] cost per passenger exceeds plus one stan- (4) The number of Act 44 defined fixed route, ADA dard deviation. paratransit and other Department-approved revenue vehicle miles [ for the most recently completed fiscal ***** year, as defined in the act ]. [Pa.B. Doc. No. 11-1934. Filed for public inspection November 11, 2011, 9:00 a.m.] *****

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6094 NOTICES DEPARTMENT OF BANKING Actions on Applications The Department of Banking (Department), under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code, has taken the following action on applications received for the week ending October 25, 2011. Under section 503.E of the Department of Banking Code (71 P. S. § 733-503.E), any person wishing to comment on the following applications, with the exception of branch applications, may file their comments in writing with the Department of Banking, Corporate Applications Division, 17 North Second Street, Suite 1300, Harrisburg, PA 17101-2290. Comments must be received no later than 30 days from the date notice regarding receipt of the application is published in the Pennsylvania Bulletin. The nonconfidential portions of the applications are on file at the Department and are available for public inspection, by appointment only, during regular business hours. To schedule an appointment, contact the Corporate Applications Division at (717) 783-2253. Photocopies of the nonconfidential portions of the applications may be requested consistent with the Department’s Right-to-Know Law Records Request policy. BANKING INSTITUTIONS Branch Discontinuances Date Name and Location of Applicant Location of Branch Action 10-21-2011 Customers Bank 2493 Bernville Road Approved Phoenixville Reading Chester County Berks County 10-21-2011 Customers Bank 555 Penn Avenue Approved Phoenixville West Reading Chester County Berks County 10-21-2011 Customers Bank 601 North Main Street Approved Phoenixville Port Chester Chester County New York SAVINGS INSTITUTIONS No activity. CREDIT UNIONS No activity. The Department’s web site at www.banking.state.pa.us includes public notices for more recently filed applications. GLENN E. MOYER, Secretary [Pa.B. Doc. No. 11-1935. Filed for public inspection November 11, 2011, 9:00 a.m.]

DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, actions and special notices

APPLICATIONS THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS This notice provides information about persons who have applied for a new, amended or renewed NPDES or WQM permit, a permit waiver for certain stormwater discharges or submitted a Notice of Intent (NOI) for coverage under a General Permit. The applications concern, but are not limited to, discharges regarding industrial, animal or sewage waste, discharges to groundwater, discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities or concentrated animal feeding operations (CAFO). This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).

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Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or Amendment Section III WQM Industrial, Sewage or Animal Waste; Discharge into Groundwater Section IV NPDES MS4 Individual Permit Section V NPDES MS4 Permit Waiver Section VI NPDES Individual Permit Stormwater Construction Section VII NPDES NOI for Coverage under NPDES General Permits For NPDES renewal applications in Section I, the Department of Environmental Protection (Department) has made a tentative determination to reissue these permits for 5 years subject to effluent limitations and monitoring and reporting requirements in their current permits, with appropriate and necessary updated requirements to reflect new and changed regulations and other requirements. For applications for new NPDES permits and renewal applications with major changes in Section II, as well as applications for MS4 Individual Permits and Individual Stormwater Construction Permits in Sections IV and VI, the Department, based upon preliminary reviews, has made tentative determinations of proposed effluent limitations and other terms and conditions for the permit applications. These determinations are published as proposed actions for comments prior to taking final actions. Unless indicated otherwise, the United States Environmental Protection Agency (EPA) Region III Administrator has waived the right to review or object to proposed NPDES permit actions under the waiver provision in 40 CFR 123.24(d). Persons wishing to comment on NPDES applications are invited to submit statements to the contact office noted before the application within 30 days from the date of this public notice. Persons wishing to comment on WQM permit applications are invited to submit statements to the office noted before the application within 15 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the applications. A comment submittal should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. The Department will also accept requests for public hearings on applications. A public hearing may be held if the responsible office considers the public response significant. If a hearing is scheduled, a notice of the hearing will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. The Department will postpone its final determination until after a public hearing is held. Persons with a disability who require an auxiliary aid, service, including TDD users, or other accommodations to seek additional information should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

I. NPDES Renewal Applications

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. EPA NPDES No. Facility Name & County & Stream Name Waived (Type) Address Municipality (Watershed No.) Y/N? PA0063533 Tobyhanna Township Wastewater Monroe County Tobyhanna Creek Y (Sewage) Treatment Facility Tobyhanna Township (02A) S.R. 0115 Blakeslee, PA 18350 PA0043362 Union Lake Hotel Wayne County Unnamed Tributary of Y (Sewage) t/a Camp Equinunk/Blue Ridge Manchester Little Equinunk Creek 3881 Hancock Highway Township (1-A) Equinunk, PA 18417 PAS222201 UFP Atlantic Division LLC Northampton County Bushkill Creek and Y (Storm Water) 200 Commerce Way Stockertown Unnamed Tributary to Stockertown, PA 18083 Borough Bushkill Creek (1-F)

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707. EPA NPDES No. Facility Name & County & Stream Name Waived (Type) Address Municipality (Watershed #) Y/N? PA0261653, Cindy Arnold Cumberland Conodoguinet Creek / 7-B Y Transfer #1 (Sew) 250 Mountain View Road County / Shippensburg, PA 17257 North Middleton Township

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EPA NPDES No. Facility Name & County & Stream Name Waived (Type) Address Municipality (Watershed #) Y/N? PA0035653 PA Department of Fulton County / UNT Brush Creek / 13-B Y (Sew) Transportation—Safety Rest Area Site Brush Creek No. 3 Township PO Box 3060 Harrisburg, PA 17105 PA0261581 Red Lion Municipal Authority York County / Cabin Creek / 7-I Y Amendment No. 1 PO Box 190 Center Square Windsor Township (IW) Red Lion, PA 17356

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481 EPA NPDES No. Facility Name & County & Stream Name Waived (Type) Address Municipality (Watershed#) Y/N? PA0221830 West Sunbury Borough STP Butler County Unnamed tributary of Y (Sewage Renewal) SR 138 N Washington Rd. West Sunbury Boro South Branch Slippery West Sunbury, PA 16061 Rock Creek 20-C PA0029467 North Warren Municipal Auth Warren County Conewango Creek Y (Sewage Renewal) 44 Hospital Drive Conewango 16-B Warren, PA 16365 Township

II. Applications for New or Expanded Facility Permits, Renewal of Major Permits and EPA Non-Waived Permit Applications Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401 PA0244147, Sewage, SIC 4952, Wrightstown Township, 2203 Second Street Pike, Wrightstown, PA 18940. This facility is located in Wrightstown Township, Bucks County. Description of Proposed Activity: Renewal of an NPDES permit to discharge treated sewage effluent generated from a 46-unit residential subdivision located at the northeast corner of Wrightstown and Durham Roads. Discharge will be to a stormwater detention basin with constructed wetlands. The receiving stream, an unnamed tributary to Neshaminy Creek, is in the State Water Plan watershed 2F and is classified for: warm water fishes, migratory fishes, aquatic life, water supply, and recreation. The stream is intermittent for approximately 0.8 mile. The nearest downstream public water supply intake for Aqua PA SE Division is located on Neshaminy Creek and is approximately 12.7 miles below the point of discharge. The proposed effluent limits for Outfall 001 are based on a design flow of 0.016125 mgd. Average Average Maximum Instantaneous Parameters Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 57 10 Total Suspended Solids 5 7 10 Ammonia as N (05-01 to 10-31) 1.0 2.0 Ammonia as N (11-01 to 04-30) 2.0 4.0 pH (Standard Units) 6.0, I-min. 9.0 Fecal Coliform (col/100 ml) 50 1,000 Dissolved Oxygen 6.0, I-min. (Nitrite + Nitrate) as N 10 20 Phosphorus as P 0.1 0.2 In addition to the effluent limits, the permit contains the following major special conditions: 1. Notification of Designation of Responsible Operator 2. Definition of Average Weekly 3. Remedial Measures if Public Nuisance 4. No Stormwater to Sewers 5. Necessary Property Rights 6. Dry Stream Discharge 7. Change in Ownership 8. Proper Sludge Disposal 9. Operator Training

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10. Instantaneous Maximum Limits 11. Operations and Maintenance Plan 12. Laboratory Certification The EPA Waiver is in effect. PA0056537, Industrial Waste, SIC 2951, Highway Materials, Inc., 1750 Walton Road, Blue Bell, PA 19422-0465. This facility is located in East Whiteland Township, Chester County. Description of Proposed Activity: Renewal of NPDES permit to discharge stormwater from an asphalt manufacturing facility located at 680 Morehall Road. The receiving stream, an unnamed tributary to Valley Creek, is in the State Water Plan watershed 3F and is classified for: exceptional value, aquatic life, water supply, and recreation. The nearest downstream public water supply intake for PA American-Norristown is located on the Schuylkill River and is approximately 12.5 miles below the point of discharge. The proposed effluent limits for Outfall 001* are based on a design flow of an average storm event. Mass (lb/day) Concentration (mg/l) Average Maximum Maximum Instantaneous Parameters Monthly Daily Average Daily Maximum (mg/l) Total Suspended Solids Monitor Monitor Oil and Grease Monitor Monitor pH Monitor Monitor Naphthalene Monitor Monitor Trichloroethylene Monitor Monitor Benzene Monitor Monitor *Outfall 001 is representative of Outfall 002. Monitoring is required at Outfall 001. In addition to the effluent limits, the permit contains the following major special conditions: 1. Remedial Measures if Public Nuisance 2. Change in Ownership 3. Proper Sludge Disposal 4. Stormwater Requirements The EPA Waiver is in effect. PA0244236, Sewage, SIC Code 4952, Upper Makefield Township Bucks County, 1076 Eagle Road, Newtown, PA 18940. Facility Name: Gray Tract WWTP. This existing facility is located in Upper Makefield Township, Bucks County. Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of treated Sewage. The receiving stream(s), Houghs Creek, is located in State Water Plan watershed 2-E and is classified for aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001 are based on a design flow of 0.05555 MGD. Mass (lb/day) Concentration (mg/l) Average Average Instant. Parameters Monthly Minimum Monthly Maximum Flow (MGD) Report XXX XXX XXX XXX XXX pH (S.U.) 6.0 XXX XXX Inst Min XXX XXX 9.0 Dissolved Oxygen XXX XXX 6.0 XXX XXX XXX Total Residual Chlorine XXX XXX XXX 0.01 XXX 0.025 CBOD5 XXX XXX XXX 10 XXX 20 Total Suspended Solids XXX XXX XXX 10 XXX 20 Total Dissolved Solids XXX XXX XXX 1000 XXX 2000 Fecal Coliform (CFU/100 ml) XXX XXX XXX 50 XXX 1000 Total Nitrogen XXX XXX XXX 10 XXX 20 Ammonia-Nitrogen May 1 - Oct 31 XXX XXX XXX 1.5 XXX 3.0 Nov 1 - Apr 30 XXX XXX XXX 3.0 XXX 6.0 Total Phosphorus XXX XXX XXX 0.1 XXX 0.2 In addition, the permit contains the following major special conditions: • Responsible Operator • Abandon Sewage Treatment Plant • Remedial Measures • No Stormwater • Necessary Property Rights

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• Small Stream Discharge • Change in Ownership • TRC Minimization • Sewage Sludge Disposal • I-Max Limits • 2/Month Monitoring • Lab. Certification • Discharge to Special Protection Waters • I-Max Reporting for Fecal Coliform You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 484-250-5910. The EPA Waiver is in effect. PA0058017, Sewage, SIC Code 8811, Harrow Station LLC, 8330 Easton Road, Ottsville, PA 18942. Facility Name: Harrow Station LLC. This existing facility is located in Nockamixon Township, Bucks County. Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of treated Sewage. The receiving stream(s), Unnamed Tributary to Haycock Creek, is located in State Water Plan watershed 2-D and is classified for Trout Stocking, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001 are based on a design flow of 0.00382 MGD. Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters Monthly Maximum Minimum Monthly Maximum Maximum Flow (MGD) Report Report XXX XXX XXX XXX pH (S.U.) XXX XXX 6.0 XXX XXX 9.0 Dissolved Oxygen XXX XXX 6.0 XXX XXX XXX CBOD5 XXX XXX XXX 10 XXX 20 Total Suspended Solids XXX XXX XXX 10 XXX 20 Fecal Coliform (CFU/100 ml) 200 XXX XXX XXX Geo Mean XXX 1,000 Total Nitrogen XXX XXX XXX 10 XXX 20 Ammonia-Nitrogen May 1 - Oct 31 XXX XXX XXX 1.5 XXX 3.0 Nov 1 - Apr 30 XXX XXX XXX 3.0 XXX 6.0 Total Phosphorus XXX XXX XXX 0.5 XXX 1.0 You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 484-250-5910. The EPA Waiver is in effect.

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790 PAS802227, Storm Water, SIC Code 4225, Dayton Superior Corporation, 1125 Byers Road, Miamisburg, OH 45342. Facility Name: Dayton Superior Corporation—Allentown Distribution Center. This facility is located in Upper Macungie Township, Lehigh County. Description of Proposed Activity: The application is for a new NPDES permit for the discharge of stormwater. The receiving stream(s), an unnamed tributary to Iron Run, is located in State Water Plan watershed 2-C and is classified for High Quality Waters—Cold Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001 (stormwater) are as follows: Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters Monthly Maximum Minimum Monthly Maximum Maximum Total Suspended Solids XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX

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The proposed effluent limits for Outfall 002 (stormwater) are as follows: Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters Monthly Maximum Minimum Monthly Maximum Maximum Total Suspended Solids XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX The proposed effluent limits for Outfall 003 (stormwater) are as follows: Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters Monthly Maximum Minimum Monthly Maximum Maximum Total Suspended Solids XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX In addition, the permit contains the following major special conditions: • Requirements applicable to stormwater outfalls You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 570-826-5472. The EPA Waiver is in effect.

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707. PA0083691, Industrial Waste, SIC Code 4941, West Earl Township Lancaster County, 157 West Meltzer Road, PO Box 787, Brownstown, PA 17508. Facility Name: West Earl Township Water Authority (Nolt Well Water Treatment Plant). This existing facility is located in West Earl Township, Lancaster County. Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of treated Industrial Waste. The receiving stream(s), Conestoga River, is located in State Water Plan watershed 7-J and is classified for Warm Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 002 are based on a design flow of 0.0046 MGD. Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters Monthly Maximum Minimum Monthly Maximum Maximum Flow (MGD) Report Report XXX XXX XXX XXX pH (S.U.) XXX XXX 6.0 XXX XXX 9.0 Total Dissolved Solids XXX XXX XXX XXX Report XXX Osmotic Pressure (mOs/kg) XXX XXX XXX XXX 1,500 1875 Nitrate-Nitrite as N XXX XXX XXX XXX Report XXX Nitrate-Nitrite as N Report Total Mo XXX XXX XXX XXX XXX Total Nitrogen XXX XXX XXX XXX Report XXX Total Nitrogen Report Total Mo XXX XXX XXX XXX XXX Total Nitrogen Report XXX Total Annual XXX XXX XXX XXX Ammonia-Nitrogen XXX Report XXX XXX Report XXX Ammonia-Nitrogen Report XXX Total Annual XXX XXX XXX XXX Ammonia-Nitrogen Report Total Mo XXX XXX XXX XXX XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen Report Total Mo XXX XXX XXX XXX XXX Total Phosphorus XXX Report XXX XXX Report XXX Total Phosphorus Report Total Mo XXX XXX XXX XXX XXX Total Phosphorus Report XXX Total Annual XXX XXX XXX XXX You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 717-705-4732. The EPA Waiver is in effect.

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PAS203505, Storm Water, SIC Code 3479, Lane Enterprises Inc., 1244 Claremont Road, Carlisle, PA 17015. Facility Name: Lane Enterprises Inc. This proposed facility is located in Middlesex Township, Cumberland County. Description of Proposed Activity: The application is for a new NPDES permit for a new discharge of treated Storm Water. The receiving stream(s), Unnamed Tributary to Letort Spring Run, is located in State Water Plan watershed 7-B and is classified for Cold Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001: Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters* Monthly Maximum Minimum Monthly Maximum Maximum Total Suspended Solids XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX The proposed effluent limits for Outfall 002: Mass (lb/day) Concentration (mg/l) Average Daily Average Daily Instant. Parameters* Monthly Maximum Minimum Monthly Maximum Maximum Total Suspended Solids XXX XXX XXX XXX Report XXX Total Kjeldahl Nitrogen XXX XXX XXX XXX Report XXX Total Iron XXX XXX XXX XXX Report XXX *The permittee may conduct an annual inspection using the Annual Inspection Form (3800-PM-WSWM0083v) in lieu of annual monitoring for the parameters listed above. You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 717-705-4732. The EPA Waiver is in effect.

Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701 PA0234052, CAFO 0213, 0212, 0272, James W. Showers, 767 Gray Hill Road, New Columbia, PA 17856-9407. This proposed facility is located in White Deer Township, Union County. Description of Proposed Activity: The Showers Farm CAFO is an existing beef cattle and horse operation adding a finishing swine operation, totaling 384.44 AEUs. The farm consists of 139 acres which includes approximately 23 acres of pasture land, approximately 87 acres of cropland and the balance in farmstead and woods. The hogs will produce 900,000 gallons of liquid manure per year. All hog manure will be collected in an 809,000 gallon underbarn storage. Beef cattle and horse manure is collected during part of the year as a solid. All manure is land-applied in accordance with the farm’s Nutrient Management Plan during the Spring, Summer and Fall. Up to 625,000 gallons of manure may be exported offsite. The receiving stream, UNT of White Deer Creek, is in the State Water Plan watershed 10C (White Deer Creek) and is classified for: HQ-CWF. The proposed effluent limits for the operation/activity include: Except for the chronic or catastrophic rainfall events defined as over the 25-year/24-hour rain storms, the CAFO permit is a non-discharge NPDES permit. Where applicable, compliance with 40 CFR federal effluent limitation guidelines is required. The permit requires no other numeric effluent limitations and compliance with the Pennsylvania Nutrient Management Act and the Clean Stream Law constitutes compliance with the state narrative water quality standards. In addition to the effluent limits, the permit contains the following major special conditions. 1. Compliance with the farm’s Nutrient Management Plan 2. Compliance with the farm’s Preparedness, Prevention and Contingency Plan 3. Compliance with the Farm’s Erosion & Sedimentation Control Plan for plowing and tilling 4. Erosion & Sedimentation Control Plan requirements for stormwater during construction activities 5. Animal mortality handling and disposing requirements 6. Certification requirements for manure storage facilities 7. Requirements for storage of feed and other raw materials 8. Best Management Practices requirements. In addition to the other requirements of this Permit, the permittee shall maintain compliance with the following CAFO specific requirements. 9. Stockpiling—Manure that is stockpiled for 15 consecutive days or longer shall be under cover or otherwise stored to prevent discharge to surface water during a storm event up to and including the appropriate design storm for that type of operation under § 91.36(a)(1) and (5) (relating to pollution control and prevention at agricultural operations).

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10. Freeboard—(CORRECTION) The permittee shall maintain a minimum of 6 inches of freeboard at the liquid manure storage structures at all times. This minimum of 6 inches of freeboard is corrected from the 2 feet of freeboard previously stated in the Pennsylvania Bulletin application notice published on 10/22/2011. 11. Manure Exportation Report—If the permittee exports manure, then the permittee shall complete the Manure Exportation Report form and submitted it to the Department with the CAFO Quarterly Self-Inspection Report. 12. Winter Spreading—The permittee shall not spread manure during the Winter, as defined in 25 Pa. Code § 83.201, unless otherwise authorized in the permittee’s Nutrient Management Plan, or unless the permittee has fully complied with 25 Pa. Code § 83.372, and has obtained a plan amendment due to unforeseen circumstances. Winter is defined as, ‘‘December 15 to February 28, or any time the ground is frozen at least 4 inches deep or is snow covered.’’ If winter spreading is approved in the NMP all setbacks must be followed: There shall be no winter application within, 1) 100 ft. of an above ground agricultural drain inlet where surface flow is toward the inlet, 2) 100 foot of a wetland on the NWI map which is within the 100 year floodplain of an EV stream segment if surface flow is toward the wetland and 3) fields must have 25% cover or an established cover crop—see § 83.294.

Southwest Regional Office: Regional Manager, Water Management, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; 412-442-4000 PA0026034, Sewage, SIC Code 4952, Johnstown Redevelopment Authority, 4th Floor Public Safety Bldg, 401 Washington Street Johnstown, PA 15901. Facility Name: Dornick Point WWTP. This existing facility is located in West Taylor Township, Cambria County. Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of treated Sewage. The receiving stream, Conemaugh River, is located in State Water Plan watershed 18-D and is classified for Warm Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001 are based on a design flow of 12.0 MGD. Mass (lb/day) Concentration (mg/l) Average Weekly Average Weekly Instant. Parameters Monthly Average Minimum Monthly Average Maximum Flow (MGD) Report Report Daily Max XXX XXX XXX XXX pH (S.U.) XXX XXX 6.0 XXX XXX 9.0 Total Residual Chlorine XXX XXX XXX 0.5 XXX 1.6 CBOD5 2502 3803 XXX 25 38 50 Total Suspended Solids 3002 4503 XXX 30 45 60 Fecal Coliform (CFU/100 ml) May 1 - Sep 30 200 XXX XXX XXX Geo Mean XXX 1000 Oct 1 - Apr 30 2000 XXX XXX XXX Geo Mean XXX 10000 Ammonia-Nitrogen May 1 - Oct 31 1702 2602 XXX 17 26 XXX The Authority is permitted to discharge uncontaminated storm water from the Waste Water Treatment Plant site through Outfall 101. The EPA Waiver is not in effect.

Northwest Regional Office: Regional Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, Telephone: 814.332.6942. PA0027367, Sewage, SIC Code 4952, Greenville Sanitary Authority, 125 Main Street, P. O. Box 604, Greenville, PA 16125. Facility Name: Greenville Sanitary Authority STP. This existing facility is located in Greenville Borough, Mercer County. Description of Existing Activity: The application is for a renewal of an NPDES permit for an existing discharge of treated sewage. The receiving stream(s), the Shenango River, is located in State Water Plan watershed 20-A and is classified for Warm Water Fishes, aquatic life, water supply and recreation. The discharge is not expected to affect public water supplies. The proposed effluent limits for Outfall 001 are based on a design flow of 2.8 MGD. Mass (lb/day) Concentration (mg/l) Average Weekly Average Weekly Instant. Parameters Monthly Average Minimum Monthly Average Maximum Flow (MGD) Report Report XXX XXX XXX XXX pH (S.U.) XXX XXX 6.0 XXX XXX 9.0 Total Residual Chlorine XXX XXX XXX 0.44 XXX 1.4

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Mass (lb/day) Concentration (mg/l) Average Weekly Average Weekly Instant. Parameters Monthly Average Minimum Monthly Average Maximum

CBOD5 May 1 - Oct 31 467 700 XXX 20 30 40 Nov 1 - Apr 30 584 934 XXX 25 40 50 Total Suspended Solids 700 1050 XXX 30 45 60 Fecal Coliform (CFU/100 ml) May 1 - Sep 30 200 XXX XXX XXX Geo Mean XXX 1000 Oct 1 - Apr 30 2000 XXX XXX XXX Geo Mean XXX 10000 Ammonia-Nitrogen May 1 - Oct 31 175 XXX XXX 7.5 XXX 15 Nov 1 - Apr 30 525 XXX XXX 22.5 XXX 45 Total Phosphorus 23 XXX XXX 1 XXX 2 Total Copper (Interim) Report XXX XXX Report XXX XXX Total Copper (Final) 0.56 XXX XXX 0.024 XXX 0.048 In addition, the permit contains the following major special conditions: • Chronic Whole Effluent Toxicity (WET) Monitoring • Toxics Reduction Evaluation (TRE) • Requirement to use eDMR System • Solids Management You may make an appointment to review the DEP files on this case by calling the File Review Coordinator at 814-332-6340. The EPA Waiver is not in effect.

III. WQM Industrial Waste and Sewerage Applications under The Clean Streams Law

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707. WQM Permit No. 0611403, Sewerage, Exeter Township, Berks County, Authority, 4975 DeMoss Road, Reading, PA 19606-9060. This proposed facility is located in St. Lawrence Township, Berks County. Description of Proposed Action/Activity: Seeking permit replacement for Antietam Creek Trunk Sewer. WQM Permit No. 2111401, Transfer #1, Sewerage, Cindy Arnold, 250 Mountain View Road, Shippensburg, PA 17257. This proposed facility is located in North Middleton Township, Cumberland County. Description of Proposed Action/Activity: Transfer of Ownership. WQM Permit No. 6711202, Industrial Waste, Red Lion Municipal Authority, PO Box 190 Center Square, Red Lion, PA 17356. This proposed facility is located in Windsor Township, York County. Description of Proposed Action/Activity: The conversion of the existing water treatment plan to an industrial wastewater treatment plant to treat backwash water from the new water treatment plant. Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745 WQM Permit No. 6511404, Sewerage, Ligonier Township Municipal Authority, One Municipal Park Drive, Ligonier, PA 15658 This proposed facility is located in Ligonier Township, Westmoreland County. Description of Proposed Action/Activity: Application for the construction and operation of a sewer system. Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481 WQM Permit No. 1008201, Industrial Waste, Seneca Landfill, 121 Brickyard Road, Mars, PA 16046 This proposed facility is located in Jackson Township, Butler County. Description of Proposed Action/Activity: An amendment to the existing permit for the addition of chlorination facilities, converting the bio-tower and changing the median in the two existing aerobic bio-towers.

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IV. NPDES Applications for Stormwater Discharges from MS4

V. Applications for NPDES Waiver Stormwater Discharges from MS4

VI. NPDES Individual Permit Applications for Discharges of Stormwater Associated with Construction Activities Northcentral Region: Watershed Management Program Manager, 208 West Third Street, Williamsport, PA 17701 Centre County Conservation District: 414 Holmes Avenue, Suite 4, Bellefonte, PA 16823, (814) 355-6817 NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI041411009 Charles Amershek Centre Patton Township Buffalo Run Church of the Good Shepherd HQ-CWF 867 Grays Woods Blvd PO Box 8186 State College PA 16805

VII. List of NOIs for NPDES and/or Other General Permit Types PAG-12 CAFOs PAG-13 Stormwater Discharges from MS4 STATE CONSERVATION COMMISSION NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NPDES PERMITS FOR CAFOs The State Conservation Commission has taken the following actions on previously received applications for nutrient management plans under 3 Pa.C.S. Chapter 5, for agricultural operations that have or anticipate submitting applications for new, amended or renewed NPDES permits or NOIs for coverage under a general permit for CAFOs under 25 Pa. Code Chapter 92a. This notice is provided in accordance with 25 Pa. Code Chapter 92a and 40 CFR Part 122, implementing The Clean Streams Law and the Federal Clean Water Act. Persons aggrieved by an action may appeal under 3 Pa.C.S. § 517, section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law) to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service at (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decision law. For individuals who wish to challenge actions, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for pro bono representation. Call the Secretary of the Board at (717) 787-3483 for more information. NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET Special Animal Protection Agricultural Operation Total Equivalent Animal Waters (HQ Renewal/ Name and Address County Acres Units Type or EV or NA) New Leon Zimmerman Lancaster 343.5 1115.2 Swine NA R 2011 Maytown Road Steer Elizabethtown, PA 17022 Pullets David H. Martin Lancaster 232.45 698.7 Swine HQ R 420 Nottingham Road Pullets Nottingham, PA 19362 Dairy Heifers Troester Dairy Union 756.2 1146.9 Dairy HQ Renewal 175 Cannon Road Mifflinburg, PA 17844 Jonathan Dietrich Union 86.4 1759.7 Swine NA Renewal 5931 Buffalo Rd Mifflinburg PA 17844

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PUBLIC WATER SUPPLY (PWS) Southwest Region: Water Supply Management Program PERMITS Manager, 400 Waterfront Drive, Pittsburgh, Pa 15222- 4745 Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1—721.17), the following parties have applied Permit No. 1111509, Public Water Supply. for PWS permits to construct or substantially modify Applicant Gallitzin Water Authority, public water systems. 411 Convent Street, Suite 10, Persons wishing to comment on permit applications are Gallitzin, PA 16641 invited to submit statements to the office listed before the [Township or Gallitzin Township application within 30 days of this public notice. Com- Borough] ments received within this 30-day comment period will be Responsible Official John R. Nagle, Chairman considered in the formulation of the final determinations Gallitzin Water Authority, regarding an application. A comment should include the 411 Convent Street, Suite 10, name, address and telephone number of the writer and a Gallitzin, PA 16641 concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it Type of Facility Water system is based. A public hearing may be held after consideration Consulting Engineer Stiffler, McGraw and Associates, of comments received during the 30-day public comment Inc., period. 1731 N. Juniata Street, Following the comment period, the Department will Hollidaysburg, PA 16648 make a final determination regarding the proposed per- Application Received October 24, 2011 mit. Notice of this final determination will be published Date in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Description of Action Change from gas chlorination to Board. liquid sodium hypochlorite solution and the addition of The permit application and related documents are on potassium carbonate for pH file at the office listed before the application and available control. for public review. Arrangements for inspection and copying information should be made with the office listed MINOR AMENDMENT before the application. Persons with a disability that require an auxiliary aid, Applications Received Under the Pennsylvania Safe service or other accommodations to participate during the Drinking Water Act 30-day public comment period should contact the office listed before the application. TDD users may contact the Northeast Region: Water Supply Management Program Department through the Pennsylvania AT&T Relay Ser- Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790 vice at (800) 654-5984. Application No. 4011518MA, Minor Amendment. SAFE DRINKING WATER Applicant Pennsylvania American Water Applications Received Under the Pennsylvania Safe Co. Drinking Water Act 800 West Hersheypark Drive Hershey, Pa Northeast Region: Water Supply Management Program [Township or Plains Twp., Luzerne Co Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790 Borough] Application No. 5411508, Public Water Supply. Responsible Official David Kaufman Applicant Papetti’s Hygrade Egg Type of Facility Public Water System Products, Inc. Consulting Engineer Gregory R. Stein, P.E. [Township or Borough] Upper Mahantango Township Application Received 10/17/11 Schuylkill County Date Responsible Official Michael D. Troutman Description of Action The rehabilitation of Millcreek 68 Spain Road tank no. 2. Klingerstown, PA 17941 Type of Facility Non-community Water System Application No. 4011519MA, Minor Amendment. Consulting Engineer Norman C. Wenck, PE Applicant Pennsylvania American Water Wenck Associates, Inc. Co. 1800 Pioneer Creek Center 800 West Hersheypark Drive Maple Plain, MN 55359 Hershey, Pa 763-479-4201 [Township or Salem Twp., Luzerne Co Application Received October 12, 2011 Borough] Date Responsible Official David Kaufman Description of Action Application for installation of an Type of Facility Public Water System arsenic removal system at the Consulting Engineer Gregory R. Stein, P.E. Papetti’s Hygrade Egg Products facility in Klingerstown, PA.

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Application Received 10/17/11 WATER ALLOCATIONS Date Actions taken on applications received under the Description of Action The rehabilitation of Shickshinny act of June 24, 1939 (P. L. 842, No. 365) (35 P. S. tank. §§ 631—641) relating to the acquisition of rights Application No. 4011520MA, Minor Amendment. to divert waters of the Commonwealth. Applicant Pennsylvania American Water Northcentral Region: Watershed Management Program Co. Manager, 208 West Third Street, Williamsport, PA 17701 800 West Hersheypark Drive Hershey, Pa WA 14-850, Water Allocations. Madisonburg Water Works, 260 Madisonburg Pike, Madisonburg, PA 16852, [Township or Pittston Twp., Luzerne Co Miles Township, Centre County. This is a Modification Borough] Order requesting to remove Spring #1 from the permit. Responsible Official David Kaufman The amount of water to be withdrawn will still be a maximum of 37,500 gallons per day from the remaining Type of Facility Public Water System springs. No other changes are being requested. Consulting Engineer Gregory R. Stein, P.E. Application Received 10/17/11 Applications received under the act of June 24, Date 1939 (P. L. 842, No. 365) (35 P. S. §§ 631—641) relating to the Acquisition of Rights to Divert Description of Action The rehabilitation of Volgenbacker Waters of the Commonwealth tank no. 1. Southwest Region: Water Supply Management Program Application No. 1311501MA Manager, 400 Waterfront Drive, Pittsburgh, Pa 15222- Applicant GSP Management Company 4745 [Township or East Side Borough WA2-1015, Water Allocations. The City of Duquesne, Borough] Carbon County 12 South Second Street, Duquesne, PA 15110, Allegheny Responsible Official Leanne Heller, Operations County. The applicant is requesting the right to pur- Manager chase 650,000 gallons of water per day on an emergency P. O. Box 677 basis from the Pennsylvania American Water Company. Morgantown, PA 19543 LAND RECYCLING AND Type of Facility Community Water System ENVIRONMENTAL REMEDIATION Consulting Engineer James A. Cieri, PE ACT ONE Consultants, Inc. UNDER ACT 2, 1995 200 South 41st Street PREAMBLE 1 Suite A Harrisburg, PA 17111 Acknowledgment of Notices of Intent to Remediate 717-236-7500 Submitted under the Land Recycling and Envi- Application Received September 30, 2011 ronmental Remediation Standards Act (35 P. S. Date §§ 6026.101—6026.907) Description of Action Application for construction of 102 LF of 12 in. diameter pipe to Sections 302—305 of the Land Recycling and Environ- provide additional chlorine contact mental Remediation Standards Act (act) (35 P. S. time for meeting 4-log inactivation §§ 6026.302—6026.305) require the Department to pub- at Spring Hill Mobile Home Park. lish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An Northwest Region: Water Supply Management Program acknowledgment of the receipt of a Notice of Intent to Manager, 230 Chestnut Street, Meadville, PA 16335-3481 Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release Application No. 2088501-T1-MA6, Minor Amend- of a regulated substance at a site. A person intending to ment. use the background standard, Statewide health standard, Applicant Meadville Area Water the site-specific standard or intend to remediate a site as Authority a special industrial area shall file a Notice of Intent to Remediate with the Department. A Notice of Intent to Township or Borough City of Meadville Remediate filed with the Department provides a brief Responsible Official Donald Nold description of the location of the site, a list of known or Type of Facility Public Water Supply suspected contaminants at the site, the proposed remediation measures for the site and a description of the Consulting Engineer Rulison Evans, P.E. intended future use of the site. A person who demon- Gannett Fleming, Inc. strates attainment of one or a combination of cleanup 601 Holiday Drive standards or receives approval of a special industrial area Pittsburgh, PA 15220 remediation identified under the act will be relieved of Application Received October 27, 2011 further liability for the remediation of the site for con- Date tamination identified in reports submitted to and approved by the Department. Furthermore, the person shall Description of Action Replacing the liner and cover of Љ not be subject to citizen suits or other contribution the existing reservoir and the 20 actions brought by responsible persons not participating high concrete block wall. in the remediation.

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Under sections 304(n)(1)(ii) and 305(c)(2) of the act, Road, Newark, DE 19713, Christopher Beetham, URS there is a 30-day public and municipal comment period Corporation, 335 Commerce Drive, Suite 300, Fort Wash- for sites proposed for remediation using a site-specific ington, PA 19034 on behalf of Robert Casselberry, Down standard, in whole or in part, and for sites remediated as Chemical Company, 3100 State Road, Croydon, PA 19021 a special industrial area. This period begins when a has submitted a Notice of Intent to Remediate. Soil at the summary of the Notice of Intent to Remediate is pub- site has been impacted with the release of inorganics and lished in a newspaper of general circulation in the area of other organics. The future use of the site will remain the the site. For the following site, proposed for remediation same. to a site-specific standard or as a special industrial area, the municipality, within which the site is located, may Salvation Army Northeast Corps Community Cen- request to be involved in the development of the remedia- ter, City Of Philadelphia, Philadelphia County. tion and reuse plans for the site if the request is made Raymond P. Duchamine, P.G. ENVision Environmental, within 30 days of the date specified as follows. During Inc., 912 North Orianna Street, Philadelphia, PA 19123, this comment period, the municipality may request that Major Kevin D. Bone, The Salvation Army, 701 North the person identified as the remediator of the site develop Broad Street, Philadelphia, PA 19123 on behalf of Major and implement a public involvement plan. Requests to be Jorge Diaz, The Salvation Army, 440 West Nyack Road, involved and comments should be directed to the West Nyack, 10994 has submitted a Notice of Intent to remediator of the site. Remediate. Soil at the site has been impacted with the release of no. 2 fuel oil. The future use of the site will For further information concerning the content of a remain the same. Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional McAtte Residence, East Norriton Township, Mont- office listed before the notice. If information concerning gomery County. Staci Cottone, J&J Spill Service and this acknowledgment is required in an alternative form, Supplies, Inc., PO Box 370, Blue Bell, PA 19422 on behalf contact the community relations coordinator at the appro- of Susan McAtee, 3012 Stony Creek Road, Norristown, PA priate regional office. TDD users may telephone the 19401 has submitted a Notice of Intent to Remediate. Soil Department through the AT&T Relay Service at (800) at the site has been impacted with the release of no. 2 654-5984. fuel oil. The future use of the site will remain the same. A summary of the Notice of Intent to Remediate was The Department has received the following Notices of reported to have been published in The Times Herald on Intent to Remediate: August 26, 2011. Southeast Region: Environmental Cleanup Program Southcentral Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401 Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Russell Property, City of Philadelphia, Philadelphia Easterly Sewage Treatment Plant, located at inter- County. Richard D. Trimpi, Trimpi Associates, 1635 Old section of Old Sixth Avenue Road and South Dartmouth Plains Road, Pennsburg PA 18073 on behalf of Norman Lane, Altoona, Logan Township, Blair County. Mountain Russell, 206 East Clearfield Street, Philadelphia, Pa Research, LLC, 825 25th Street, Altoona, PA 16601, on 19134, John Cashwell, State Farm Insurance Company, behalf of City of Altoona/Easterly Sewage Treatment P. O. Box 8061, Ballston Spa, NY 12020 has submitted a Plant, 1301 Twelfth Street, Altoona, PA 16601, submitted Notice of Intent to Remediate. Soil at the site has been a Notice of Intent to Remediate site soils and groundwa- impacted with the release of no. 2 fuel oil. The future use ter contaminated with diesel fuel released from a skid of the site will remain the same. A summary of the Notice tank. The site will be remediated to the residential of Intent to Remediate was reported to have been pub- Statewide Health standard and will continue as a sewage lished in The Philadelphia Turbine on September 2, 2011. treatment plant. Sayer Residence, Lower Merion Township, Mont- Former Gipe Residence and Garage, 2055 gomery County. Alan Robinson, Kleinfelder, 180 Sheree Buchanan Trail East, Shady Grove, Antrim Township, Blvd, Suite 3800, Exton, PA 19341, Mark Warchol, Franklin County. Groundwater Sciences Corporation, Kleinfelder, 180 Sheree Blvd, Suite 3800, Exton, PA 2601 Market Place Street, Suite 310, Harrisburg, PA 19341, H. Christian Haab, Jr. F.C. Haab, 2314 Market 17110, on behalf of Gladys B. Gipe Estate, Ronald Gipe, Street, Philadelphia, PA 19103 on behalf of Douglas Executor, c/o Martins Famous Pastry Shoppes, Inc., 1000 Sayer, 1260 Morris Avenue, Bryn Mawr, PA 19085 has Potato Roll Lane, Chambersburg, PA 17202, submitted a submitted a Notice of Intent to Remediate. Soil at the site Notice of Intent to Remediate soils and groundwater has been impacted with the release of no. 2 fuel oil. The contaminated with unleaded gasoline from the operation future use of the site will remain the same. of a former automotive repair facility. The site will be Quality Service Center, Borough of Oxford, Chester remediated to a combination of the residential Statewide County. Craig Herr, RT Environmental Services, Inc., Health and Site Specific standards. Future use of the site 215 West Church Road, King of Prussia, PA 19406 on is residential. behalf of Senya Isayeff, Keystone Community Alliance— Oxford, LP, 550 East Union Street, West Chester, PA OPERATE WASTE PROCESSING OR DISPOSAL 19382 has submitted a Notice of Intent to Remediate. Soil AREA OR SITE at the site has been impacted with the release of chlori- Application Received Under the Solid Waste Man- nated solvents. Based on the outcome of that work, the agement Act (35 P. S. §§ 6018.101—6018.1003), the future use of the site will be determined. A summary of Municipal Waste Planning, Recycling and Waste the Notice of Intent to Remediate was reported to have Reduction Act (53 P. S. §§ 4000.101—4000.1904) been published in The Chester County Press on September and Regulations to Operate Solid Waste Process- 24, 2011. ing or Disposal Area or Site. Rohm & Haas Company, Bristol Township, Bucks County. Howard Klei, URS Corporation, Iron Hill Corpo- Southeast Region: Regional Solid Waste Manager, 2 rate Center, Sabre Building, Suite 300, 4051 Ogletown East Main Street, Norristown, PA 19401

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Permit Application No. 100148. Waste Manage- Intent to Issue Plan Approvals and Intent to Issue ment Disposal Services of Pennsylvania, Inc., 1000 or Amend Operating Permits under the Air Pollu- New Ford Mill Road, Morrisville, PA 19067. This Minor tion Control Act (35 P. S. §§ 4001—4015) and 25 Permit Modification application seeks the approval to Pa. Code Chapter 127, Subchapter B. These ac- integrate the new leachate treatment plant into GROWS tions may include the administrative amend- Landfill’s solid waste permit. The GROWS Landfill is a ments of an associated operating permit. municipal waste landfill located in Falls Township Bucks County. The application was received by the Southeast Southeast Region: Air Quality Program, 2 East Main Regional Office on September 28, 2011 Street, Norristown, PA 19401 Contact: Sachin Shankar, New Source Review Chief— AIR QUALITY Telephone: 484-250-5920 PLAN APPROVAL AND OPERATING PERMIT 46-0124B: Montgomery Chemicals, LLC (901 APPLICATIONS NEW SOURCES AND Conshohocken Road, Conshohocken, PA 19428) to transfer MODIFICATIONS and use 40.0 tons of VOC Emission Reduction Credits in Plymouth Township, Montgomery County from Minne- The Department has developed an ‘‘integrated’’ plan sota Mining & Manufacturing Co. in Bristol Township, approval, State Operating Permit and Title V Operating Bucks County. Permit program. This integrated approach is designed to 46-0037AB: Cabot Supermetals (County Line Road, make the permitting process more efficient for the De- P. O. Box 1608, Boyertown, PA 19512-1608) for the instal- partment, the regulated community and the public. This lation of a RotoClone wet dust collector to replace a dry approach allows the owner or operator of a facility to dust collector to replace an existing dry dust collector at complete and submit permitting documents relevant to its their Boyertown facility in Douglass and Colebrookdale application one time, affords an opportunity for public Townships, Montgomery and Berks Counties. The input and provides for sequential issuance of the neces- replacement of dust collector is to eliminate fire hazard. sary permits. This facility is a Title V facility. The installation will result in particulate matter emission increase by 0.15 The Department received applications for Plan Approv- tons per year. The Plan Approval and Operating Permit als or Operating Permits from the following facilities. will contain recordkeeping requirements and operating restrictions designed to keep the facility operating within Copies of these applications, subsequently prepared all applicable air quality requirements. draft permits, review summaries and other support mate- Southcentral Region: Air Quality Program, 909 rials are available for review in the regional office listed Elmerton Avenue, Harrisburg, PA 17110 before the applications. Persons interested in reviewing Contact: Thomas J. Hanlon, Chief, East Permitting the application files should contact the appropriate re- Section—Telephone: 717-705-4862 or Daniel Husted, gional office to schedule appointments. Chief, West Permitting Section—Telephone: 717-705-4863 Persons wishing to receive a copy of a proposed Plan 01-05018A: McClarin Plastics, Inc. (15 Industrial Approval or Operating Permit shall indicate interests to Drive, Hanover, PA 17331) for construction of two (2) the Department regional office within 30 days of the date spray paint booths at their facility in Conewago Town- of this notice and shall file protests or comments on a ship, Adams County. proposed Plan Approval or Operating Permit within 30 In accordance with 25 Pa. Code §§ 127.44(a) and days of the Department providing a copy of the proposed 127.45(a), the Department of Environmental Protection documents to persons or within 30 days of its publication (DEP) has received an application and intends to issue a in the Pennsylvania Bulletin, whichever comes first. Plan Approval to the abovementioned company for the Interested persons may also request that hearings be held abovementioned project. This plan approval may be incor- concerning a proposed Plan Approval or Operating Per- porated into the company’s facility-wide permit via an mit. A comment or protest filed with the Department administrative amendment at a later date. regional office shall include a concise statement of the Plan Approval No. 01-05018A authorizes the construc- objections to the issuance of the Plan Approval or Operat- tion of the abovementioned sources. Particulate matter ing Permit and relevant facts which serve as the basis for (PM) emissions from the two (2) spray paint booths will the objections. If the Department schedules a hearing, a be controlled by dedicated dry panel filters. The Plan notice will be published in the Pennsylvania Bulletin at Approval and Operating Permit will contain emission least 30 days prior the date of the hearing. restrictions, work practice standards, and testing, monitoring, record keeping, and reporting requirements to Persons with a disability who wish to comment and ensure the facility complies with the applicable air qual- require an auxiliary aid, service or other accommodation ity requirements. Potential VOC emissions from the to participate should contact the regional office listed proposed sources will be 21 TPY. before the application. TDD users may contact the De- Copies of the application, DEP’s analysis and other partment through the Pennsylvania AT&T Relay Service documents used in the evaluation of the application are at (800) 654-5984. available for public review during normal business hours at the PA DEP Southcentral Regional Office, at 909 Final Plan Approvals and Operating Permits will con- Elmerton Avenue, Harrisburg, PA 17110. tain terms and conditions to ensure that the source is constructed and operating in compliance with applicable A person may oppose the proposed plan approval, or may provide the Department with additional information requirements in 25 Pa. Code Chapters 121—143, the to consider in its review, by filing a written protest with Federal Clean Air Act (42 U.S.C.A. §§ 7401—7671q) and the Department at the address listed above. Each written regulations adopted under the Federal Clean Air Act. comment must contain the following:

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• Name, address and telephone number of the person brake horsepower, natural gas-fired reciprocating internal submitting the comments. combustion engines (Source ID P124 and P125) shall • Identification of the proposed permit by the permit incorporate low NOx electronic control system and be number listed above. equipped with a Johnson Matthey Type SINOx SW40 Selective Catalytic Reduction (SCR) system (IDs C124B • A concise statement regarding the relevancy of the and C125B) to control NOx emissions. Additionally, the information or objections to the issuance of the permit. carbon monoxide, volatile organic compounds, and formal- A 30-day comment period, from the date of publication dehyde emissions from Source IDs P124 and P125 shall of this notice in the Pennsylvania Bulletin, will exist for be controlled by a Johnson Matthey model 3035 oxidation the submission of comments or protests. catalyst (IDs C124A and C125A). The permittee shall not operate Source IDs P124 and P125 without the simulta- Daniel C. Husted, PE may be contacted at 717-705- neous operation of IDs C124A, C124B and C125A, C125B, 4863, or at PA DEP Air Quality Program, 909 Elmerton respectively, at any time. Avenue, Harrisburg, PA 17110, for additional information or for the submission of comments or protests. 2. Pursuant to the best available technology requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee Plan approvals issues to sources identified in 25 shall only use natural gas as fuel for Source IDs P124, Pa. Code § 127.44(b)(1)—(4) or plan approvals issued to P125 and P201. sources with limitations on the potential to emit may 3. Pursuant to the best available technology require- become part of the SIP, and will be submitted to EPA for ments of 25 Pa. Code §§ 127.1 and 127.12, the permittee review and approval. shall not permit the following air contaminant emissions Northcentral Region: Air Quality Program, 208 West from the exhaust of IDs C124B and C125B associated Third Street, Williamsport, PA 17701 with Source ID P124 and P125, respectively, in excess of the limitations listed below: Contact: Muhammad Q. Zaman, Environmental Pro- gram Manager—Telephone: 570-327-3648 (a) nitrogen oxides (NOx, expressed as NO2)—1.57 pounds per hour and 6.88 tons in any 12 consecutive 53-00003D: National Fuel Gas Supply Corporation month period, (1100 State Street, 2nd Floor, Erie, PA 16512) for a plan approval to construct two (2) natural gas-fired compressor (b) carbon monoxide (CO)—1.43 pounds per hour and engines (source IDs P124 and P125) with independent 6.26 tons in any 12 consecutive month period, oxidation catalysts (IDs C124A and C125A) and selective (c) total combined volatile organic compounds (VOC)— catalytic reduction (SCR) systems (IDs C124B and 2.40 pounds per hour and 10.52 tons in any 12 consecu- C125B) and one (1) natural gas-fired emergency generator tive month period, (Source ID P201) with a 3-way catalyst (ID C201) to control the air contaminant emissions from these engines (d) sulfur oxides (SOx, expressed as SO2)—0.002 at their Ellisburg facility located in Allegany Township, pounds per hour and 0.01 tons in any 12 consecutive Potter County. The respective facility is a major facility month period, for which a Title V operating permit 53-00003 has been (e) particulate matter (PM/PM10)—0.01 grains per dry issued. standard cubic foot of exhaust gas, 0.007 pounds per hour The Department’s review of the information submitted and 0.03 tons in any 12 consecutive month period, by National Fuel Gas Supply Corporation indicates that (f) non-methane, non-ethane hydrocarbons (NMNEHC)— the construction of the engines and installation of the 1.98 pounds and 8.68 tons in any 12 consecutive month respective control devices will meet all applicable air period, quality regulatory requirements pertaining to air contamination sources and the emission of air contaminants (g) formaldehyde—0.42 pounds per hour and 1.84 tons including the Best Available Technology requirements of in any 12 consecutive month period. 25 Pa. Code §§ 127.1 and 127.12. The two (2) compressor 4. Pursuant to the best available technology require- engines will meet the requirements of Subpart ZZZZ of ments of 25 Pa. Code §§ 127.1 and 127.12, the ammonia the National Emission Standards for Hazardous Air slip from either IDs C124B or C125B shall not exceed 10 Pollutants for Source Categories, 40 CFR Sections ppm at any time. 63.6580—63.6675 and Subpart JJJJ of the New Source Performance Standards for Stationary Spark ignition 5. Pursuant to the best available technology require- Internal Combustion Engines, 40 CFR Sections 60.4230 ments of 25 Pa. Code §§ 127.1 and 127.12, the permittee through 60.4248. Based on these findings, the Depart- shall equip IDs C124A, C124B, C125A and C125B with ment intends to approve the application and issue plan instrumentation to monitor pressure drop and the inlet approval for the construction of the three (3) engines and gas temperature of IDs C124A, C124B, C125A and installation of the respective control devices. Additionally, C125B. The permittee shall monitor these parameters on if the Department determines that the engines and a continuous basis. associated control devices are operating in compliance 6. The permittee shall comply with all applicable re- with all plan approval conditions, the conditions estab- quirements of Subpart ZZZZ of the National Emission lished in the plan approval will be incorporated into Title Standards for Hazardous Air Pollutants for Source IDs V operating permit #53-00003 via an administrative P124 and P125 specified in 40 CFR Sections 63.6580— amendment pursuant to 25 Pa. Code § 127.450. 63.6675. The following is a summary of the conditions that the 7. The permittee shall comply with all applicable re- Department proposes to place in the plan approval to be quirements of Subpart JJJJ of the New Source Perfor- issued to ensure compliance with all applicable regulatory mance Standards (NSPS) for Source IDs P124 and P125 requirements: as specified in 40 CFR Sections 60.4230—60.4248. 1. Pursuant to the best available technology require- 8. The permittee shall perform nitrogen oxide (NOx, ments of 25 Pa. Code §§ 127.1 and 127.12, the 4,375 expressed as NO2), carbon monoxide, volatile organic

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6109 compound and formaldehyde stack tests upon Source IDs 11. Pursuant to the best available technology require- P124 and P125 within 120 days from the initial operation ments of 25 Pa. Code §§ 127.1 and 127.12, Source ID of each engine to verify compliance with the emission P201 shall not be operated more than 500 hours in any limitations for carbon monoxide, volatile organic com- 12 consecutive month period. pound and formaldehyde emissions from IDs C C124A, 12. Pursuant to the best available technology require- C124B, C125A and C125B associated with Source IDs ments of 25 Pa. Code §§ 127.1 and 127.12, Source ID P124 and P125 P201 shall be equipped with a non-resettable hour meter (a) The performance test shall consist of three (3) to monitor the number of hours that the engine is separate test runs and each run shall last at least in one operated. (1) hour in duration. 13. Pursuant to the best available technology require- (b) The testing of the inlet of IDs C124A and C125A ments of 25 Pa. Code §§ 127.1 and 127.12, the 850 brake and the outlet of IDs C124B and C125B shall be running horsepower, Cummins model GTA 38 natural gas-fired simultaneously. emergency generator (Source ID P201) shall be equipped with a Miratech model IQ-24-10-EC1 NSCR system (ID (c) The inlet gas temperature and the pressure drop C201) to control the NOx, CO and VOC emissions. across IDs C124 and C125 shall be recorded on a continuous basis during the test. The requirement for the 14. Pursuant to the best available technology require- temperature range and pressure drop across IDs C124 ments of 25 Pa. Code §§ 127.1 and 127.12, the permittee and C125 will be established based upon the recorded shall equip ID C201 with instrumentation to monitor data and stack test report. pressure drop and the inlet gas temperature of ID C201. The permittee shall monitor these parameters on a (d) All testing is to be done using reference method test continuous basis. procedures acceptable to the Department and all testing is to be performed while Source IDs P124 and P125 is 15. The permittee shall comply with all applicable operating at +/- 10% of full load. requirements of Subpart JJJJ of the New Source Perfor- mance Standards (NSPS) for Source IDs P124 and P125 9. The permittee shall keep records of the following as specified in 40 CFR 60.4230—60.4248. information: 16. The permittee shall perform nitrogen oxide (NOx, (a) The supporting calculations on a monthly basis expressed as NO2), carbon monoxide, and volatile organic used to verify compliance with the nitrogen oxide, carbon compound stack tests upon Source ID P201 within 120 monoxide, volatile organic compound, particulate matter, days from the initial operation of each engine to verify sulfur oxide, and formaldehyde emission limitations for compliance with the emission limitations for carbon mon- IDs C124A, C124B, C125A and C125B associated with oxide and volatile organic compound emissions from ID Source IDs P124 and P125 in any 12 consecutive month C201 associated with Source ID P201: period. (a) The performance test shall consist of three (3) (b) The test reports and supporting calculations used to separate test runs and each run shall last at least in one verify compliance with the nitrogen oxide, carbon monox- (1) hour in duration. ide, volatile organic compound, and formaldehyde emission limitations from IDs C124A, C124B, C125A and (b) The testing of the inlet and outlet of ID C201 shall C125B associated with Source IDs P124 and P125. be running simultaneously. (c) The pressure drop across and the inlet gas tempera- (c) The inlet gas temperature and the pressure drop ture of IDs C124A, C124B, C125A and C125B on a across ID C201 shall be recorded on a continuous basis continuous basis via a data acquisition system and shall during the test. The requirement for the temperature compute the hourly averages. range and pressure drop across ID C201 will be established based upon the recorded data and stack test report. These records shall be kept for a minimum of five (5) years and shall be made available to the Department (d) All testing is to be done using reference method test upon request. procedures acceptable to the Department and all testing is to be performed while Source ID P201 is operating at 10. Pursuant to the best available technology require- +/- 10% of full load. ments of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not permit the following air contaminant emissions 17. The permittee shall keep records of the following from the exhaust of IDs C201 associated with Source ID information: P201 in excess of the limitations listed below: (a) The supporting calculations on a monthly basis (a) nitrogen oxides (NOx, expressed as NO2)—0.94 used to verify compliance with the nitrogen oxide, carbon pounds per hour and 0.24 tons in any 12 consecutive monoxide and volatile organic compound emission limita- month period, tions for ID C201 associated with Source ID P201 in any 12 consecutive month period. (b) carbon monoxide (CO)—0.94 pounds per hour and 0.24 tons in any 12 consecutive month period, (b) The test reports and supporting calculations used to verify compliance with the nitrogen oxide, carbon monox- (c) total combined volatile organic compounds (VOC)— ide and volatile organic compound emission limitations 0.37 pounds per hour and 0.09 tons in any 12 consecutive from ID C201 associated with Source ID P201. month period, (c) The pressure drop across and the inlet gas tempera- (d) sulfur oxides (SOx, expressed as SO2)—0.001 ture of ID C201 on a continuous basis via a data pounds per hour and 0.0003 tons in any 12 consecutive acquisition system and shall compute the hourly aver- month period, ages. (e) particulate matter (PM/PM10)—0.01 grains per dry These records shall be kept for a minimum of five (5) standard cubic foot of exhaust gas, 0.02 pounds per hour years and shall be made available to the Department and 0.01 tons in any 12 consecutive month period. upon request.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6110 NOTICES

A copy of the plan approval application is available for on a 12-month rolling sum. The NOx emissions from the public review between 8 a.m. and 4 p.m. at the Depart- facility will not equal or exceed 100 TPY, based on a ment’s Northcentral Regional Office, 208 West Third 12-month rolling sum. Total PM, SOx, and CO emissions Street, Suite 101, Williamsport, PA 17701. Appointments from the facility will not equal or exceed 100 TPY, based for scheduling a review may be made by calling the on a 12-month rolling sum. The HAPs from the facility Department at 570-327-3693. Written comments or re- must never equal or exceed 10 TPY of any single HAP quests for a public hearing should be directed to David M. and must never equal or exceed 25 TPY of all aggregated Shimmel, P.E., Chief, New Source Review Section, De- HAPs, based on a 12-month rolling sum. The Plan partment of Environmental Protection, Air Quality Pro- approval and Operating Permit will include testing, moni- gram, Northcentral Regional Office, 208 West Third toring, record keeping and reporting requirements de- Street, Suite 101, Williamsport, PA 17701, 570-327-3568. signed to keep the sources operating within all applicable Northwest Region: Air Quality Program, 230 Chestnut air quality requirements. Street, Meadville, PA 16335-3481 The facility is subject to MACT 40 CFR Part 63 Contact: Edward Orris, New Source Review Chief— Subparts ZZZZ and HH, NSPS Subpart JJJJ and 25 Telephone: 814-332-6636 Pa. Code § 127.12(a)(5) Best Available Technology (BAT) requirements. The visible emission opacity shall not be 24-131P: SGL Carbon LLC (900 Theresia Street, equal to or greater than 20% at any time. The company Saint Marys, PA 15857) for modification of five (5) shall be subject to and comply with 25 Pa. Code § 123.31 existing furnaces to allow them to both graphitize and for malodorous emissions. purify carbon and the installation of a new scrubber in the City of Saint Marys, Elk County. Emissions from the engines will meet MACT Subpart ZZZZ, MACT Subpart HH, BAT & NSPS Subpart JJJJ Pursuant to 25 Pa. Code §§ 127.44(b) and 127.424(b), requirements. The Plan Approval and Operating permit the Pennsylvania Department of Environmental Protec- will contain additional recordkeeping and operating re- tion (DEP) intends to issue Plan Approval 24-131P to strictions designed to keep the facility operating within SGL Carbon LLC for the modification of five (5) existing all applicable air quality requirements. furnaces and installation of a new scrubber, for the facility located in the City of Saint Marys, Elk County. Persons wishing to provide the Department with addi- The Plan Approval will subsequently be incorporated into tional information, which they believe should be consid- a facility Operating Permit through an administrative ered prior to the issuance of the Plan Approval, may amendment in accordance with 25 Pa. Code § 127.450. submit the information to the address shown below. The Department will consider any written comments received Plan Approval No. 24-131P is for the modification of within 30 days of the publication of this notice. Each five (5) existing scrubbers and the installation of a new written comment must contain the following: name, ad- scrubber. Based on the information provided by the dress and telephone number of the person submitting the applicant and DEP’s own analysis, the combined subject comments; identification of the proposed Plan Approval sources will have the potential to emit approximately No. 58-399-023; a concise statement regarding the rel- 13.14 tons per year of hazardous air pollutants and 7.1 evancy of the information or any objections to the issu- tons per year of particulate matter. ance of the Plan Approval. The Plan Approval will contain testing, monitoring, A public hearing will be held for the purpose of recordkeeping, reporting, work practice and additional receiving comments on the proposed air quality plan requirements designed to keep the facility operating approval. The hearing will be held on December 6, 2011 within all applicable air quality requirements. at 7:00 p.m. at the Montrose Area Jr. / Sr. High School PLAN APPROVAL located at 75 Meteor Way, Montrose, PA 18801. Persons interested in commenting are invited to appear at the PUBLIC HEARINGS public hearing. Northeast Region: Air Quality Program, 2 Public Copies of the application, the Department’s technical Square, Wilkes-Barre, PA 18711-0790 review and other supporting documents are available for public inspection between the hours of 8 a.m. and 4 p.m. Contact: Ray Kempa, New Source Review Chief— at the Department’s Wilkes-Barre Regional Office, 2 Telephone: 570-826-2507 Public Square, Wilkes-Barre, PA 18701-1915. Appoint- 58-399-023: Laser Northeast Gathering Co., LLC ments for scheduling a review may be made by calling (333 Clay Street, Suite 4500, Houston, TX 77022) to (570) 826-2511. construct the proposed Shields Compressor Station to be The general procedures for the hearing are as follows: in Dimock Township, Susquehanna County. To develop an agenda for the hearing, the Department Notice is given under 25 Pa. Code §§ 127.44(b)(5) and requests that individuals wishing to testify at the hearing 127.424, that the Department of Environmental Protec- submit a written notice of their intent. The notice should tion (Department) is soliciting comments on the proposed be sent to Mark Wejkszner, Air Quality Program Man- Air Quality Plan Approval, No. 58-399-023, for Laser ager, Department of Environmental Protection, Air Qual- Northeast Gathering Company, LLC (the Permittee), 333 ity Program, Wilkes-Barre Regional Office, 2 Public Clay Street, Suite 4500, Houston, TX 77022, to construct Square, Wilkes-Barre, PA 18701-1915. The Department the proposed Shields Compressor Station, which is to be will accept notices up to the day of the public hearing. located in Dimock Twp., Susquehanna County as de- This written notice should include the person’s name, scribed in the Permittee’s August 1, 2011 Plan Approval address, telephone number and a brief description as to Application and any other subsequent supplemental sub- the nature of the testimony. Individuals who submit a missions. notice of intent to testify will be given priority on the The station will consist of four CAT G3616 engines and agenda. If time permits, the Department will allow three dehydrators with reboilers. The VOC emissions individuals who have not submitted a notice of intent to from the facility will not equal or exceed 50 TPY, based testify to present their comments.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6111

Each individual will have up to 5 minutes to present of Environmental Protection (DEP) gives notice that they testimony. The Department requests that individuals intend to issue a State Only Operating Permit (SOOP) to present written copies of their testimony in addition to Johnson Matthey, Inc. to authorize the operation of a their oral presentations. catalyst production facility located in Smithfield Borough, To ensure that all speakers have a fair and equal Fayette County. The facility consists of two dryers, an opportunity to present their testimony, relinquishing of oven, storage tanks, bulk material storage area, mixing time will be prohibited. Further details relating to the tanks and an emergency generator. procedures to be followed at the hearing will be outlined The facility has a baghouse to control emissions of at the beginning of the hearing. particulate matter (PM) from storage and mixing process Persons unable to attend the hearing can submit and a wet scrubber system for control of Oxide of nitrogen written testimony to the Department through 12/16/11. (NOx), volatile organic compounds (VOCs) and hazardous air pollutants (HAPs) from the manufacturing equipment. The Department will address comments from the public Emissions from this facility are 2.74 ton per year of PM, before a final action is taken on the proposal. A summary 24.21 ton per year of VOCs, 47.11 ton per year of NOx report addressing the concerns raised by the public will and 8.29 ton per year of CO. The proposed SOOP contains be released should the Department decide to issue the conditions relating to monitoring, recordkeeping and work Plan Approval. Send written comments to Mark practice standards. Wejkszner, Air Quality Program Manager, Department of Environmental Protection, Air Quality Program, Wilkes- Those who wish to provide the Department with addi- Barre Regional Office, 2 Public Square, Wilkes-Barre, PA tional written information that they believe should be 18701-1915. considered prior to the issuance of the Operating Permit may submit the information to Barbara Hatch, Pennsyl- Persons with a disability who wish to comment and vania Department of Environmental Protection, 400 Wa- require an auxiliary aid, service or other accommodations terfront Drive, Pittsburgh, PA, 15222, 412-442-5226. Writ- should contact the Department at the address shown ten comments must contain the following: above, or the Pennsylvania AT&T relay service at (800) 654-5984 (TDD) to discuss how the Department may Name, address and telephone number of the person address their needs. submitting the comments, For additional information regarding the above, contact Identification of the proposed Operating Permit (SOOP- Mark Wejkszner at (570)-826-2511 or write to the Depart- 26-00573), and ment at the Wilkes-Barre address given previously. Concise statements regarding the relevancy of the information or objections to issuance of the Operating Intent to Issue Operating Permits under the Air Permit. Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F. All comments must be received prior to the close of business 30 days after the date of this publication. Southeast Region: Air Quality Program, 2 East Main Northwest Region: Air Quality Program, 230 Chestnut Street, Norristown, PA 19428 Street, Meadville, PA 16335-3481 Contact: Janine Tulloch-Reid, Facilities Permitting Contact: Edward Orris, New Source Review Chief— Chief—Telephone: 484-250-5920 Telephone: 814-332-6131 15-00136: Thomas Medical Products, Inc. (65 Great 37-00003: Essroc Cement Corp.—Bessemer Facility Valley Parkway, Malvern, PA 19355-1302), for a non-Title (3251 Bath Pike, Nazareth, PA 18064) to issue a new V, initial State Only Operating Permit in Malvern Bor- State Only Operating Permit for their cement wholesaler ough, Chester County. Thomas Medical Products is a facility in Bessemer Borough, Lawrence County. The surgical and medical device manufacturer with a poten- facility was previously a cement manufacturing facility; tial to emit 4.0 tons per year of volatile organic com- however, the kilns and related equipment were perma- pounds (VOC). This facility is categorized as a natural nently shut down. The facility serves as a terminal, minor facility. The permit includes monitoring, record receiving product, storing, and shipping product out. The keeping and reporting requirements to address all appli- sources at the facility include: Silos 16-19 and 23-38; cable air quality requirements. North, Central and South bulk load-out; Miscellaneous Southwest Region: Air Quality Program, 400 Waterfront natural gas sources (space and water heaters); and, the Drive, Pittsburgh, PA 15222-4745 plant roadway. The facility is a natural minor. The facility wide particulate, PM-10, and PM-10 emissions are 28.64 Contact: Barbara Hatch, Facilities Permitting Chief— TPY, 26.77 TPY, and 8.01 TPY, respectively. The facility Telephone: 412-442-4174 generated Emission Reduction Credits from shutting 11-00252: C&C Smith Lumber (197 Tower Road, down the kiln and related sources. The ERCs were: 118 Summerhill, PA 15958) for manufacturing wood products TPY CO; 1,561 TPY NOx; 267 TPY PM-10; 111 TPY at C&C Smith Wood Pallets Plant in Croyle Township, PM-2.5; 919 TPY SOx; and 13 TPY VOC. The facility Cambria County. This is a State Only Operating Permit shall not operate any of the sources that generated ERCs. Renewal submittal. If the ERC generating source has not been dismantled or 26-00594: Calfrac Well Services Corp. (2001 Summit removed, the company must submit to the Department on View Drive, Smithfield, PA 15478) for operating a distri- an annual basis, the verification of the continuance of the bution center for materials used 9 in the natural gas well shutdown. The ERCs generated shall expire if not con- fracing process in Georges Township, Fayette County. sumed within 10 years from the source shutdown date This is a State Only Operating Permit initial submittal. pursuant to 127.206(f). The kilns were shutdown on or about May 1, 2009. The facility and any subsequent user 26-00573: Johnson Matthey, Inc. (605 Mountain View of these credits shall comply with the requirements of 25 Drive, Fayette Business Park, PA 15478) In accordance Pa. Code § 127.206, § 127.207, and § 127.208, regarding with 25 Pa Code §§ 127.424 and 127.425 the Department ERC use and transfer requirements. These ERCs may be

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6112 NOTICES used, traded, or sold after the approved entry of the ERCs Identification of the proposed permit No.: 40-399-066A. by the Department into the Pennsylvania ERC Registry System. The renewal permit contains emission restric- A concise statement regarding the relevancy of the tions, recordkeeping, work practice, and additional re- information or objections to the issuance of the permit. quirements to ensure compliance with the Clean Air Act A public hearing may be held, if the Department of and the Air Pollution Control Act. Environmental Protection, in its discretion, decides that such a hearing is warranted based on the comments PLAN APPROVALS received. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing Receipt of Plan Approval Applications and Intent to by publication in the newspaper or the Pennsylvania Issue Plan Approvals, and Intent to Issue Bulletin or by telephone, where DEP determines such Amended Operating Permits under the Air Pollu- notification is sufficient. Written comments or requests tion Control Act and 25 Pa. Code Chapter 127, for a public hearing should be directed to Ray Kempa, Subchapter B And Subchapter F. These actions Chief, New Source Review Section, Air Quality Program, may include the administrative amendments of 2 Public Square, Wilkes-Barre, PA 18711, Phone # 570- an associated operating permit. 826-2511 within 30 days after publication date. COAL AND NONCOAL MINING Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790 ACTIVITY APPLICATIONS Applications under the Surface Mining Conservation Contact: Ray Kempa, New Source Review Chief— and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Telephone: 570-826-2507 Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 40-399-066A Acton Technologies (100 Thompson P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- Street, Pittston, PA 18640) for installation of a new Wet trol Act (52 P. S. §§ 30.51—30.66); and The Bituminous Etch Film line No. 4 to be controlled by an existing RTO Mine Subsidence and Land Conservation Act (52 P. S. (Regenerative Thermal Oxidizer) to control emissions for §§ 1406.1—1406.20a). Mining activity permits issued in their facility in Jenkins Township, Luzerne County. response to such applications will also address the applicable permitting requirements of the following statutes: In accordance with 25 Pa. Code §§ 127.44(a) and the Air Pollution Control Act (35 P. S. §§ 4001—4015); 127.45(a), the Department of Environmental Protection the Dam Safety and Encroachments Act (32 P. S. (DEP) has received and intends to issue a Plan Approval §§ 693.1—693.27); and the Solid Waste Management Act to Acton Technologies (100 Thompson Street, Pittston, PA (35 P. S. §§ 6018.101—6018.1003). 18640) for their facility located in Jenkins Township, Luzerne County. This Plan Approval No. 40-399-066A will The following permit applications to conduct mining be incorporated into a Natural Minor Permit through an activities have been received by the Department. A copy administrative amendment at a later date. of the application is available for inspection at the district mining office indicated before each application. Notices of Plan Approval No. 40-399-066A is for the installation of requests for 401 Water Quality Certifications are included a new Wet Etch Film line #4 to be controlled by an in individual application notices, as noted. existing RTO (Regenerative Thermal Oxidizer) to control emissions at their facility. VOC emissions form the plant Written comments or objections, or requests for an will remain under their 50 TPY threshold limit, 12-month informal conference, or a public hearing, as applicable, on rolling sum. Malodorous emissions will be controlled by a mining permit application and request for Section 401 the use of the RTO. The oxidizer will be required to have water quality certification application may be submitted a destruction efficiency of at least 98%. These limits will by any person or any officer or head of any Federal, state meet BAT requirements for this source. A stack test will or local government agency or authority to the Depart- be required to verify these limits. ment at the address of the district mining office indicated before each application within 30 days of this publication, The Department will place a condition for the facility to or within 30 days after the last publication of the continuously monitor the combustion temperature in the applicant’s newspaper advertisement as provided by 25 oxidizer. The Plan Approval and Operating permit will Pa. Code §§ 77.121—77.123 and 86.31—86.34. contain additional recordkeeping and operating restrictions designed to keep the facility operating within all Written comments or objections regarding a mining applicable air quality requirements. permit application should contain the name, address and telephone number of persons submitting comments or Copies of the application, DEP’s analysis and other objections, application number and a statement of suffi- documents used in the evaluation of the application are cient detail to inform the Department on the basis of available for public review during normal business hours comment or objection and relevant facts upon which it is at Air Quality Program, 2 Public Square, Wilkes-Barre, based. PA 18711. A request for an informal conference or a public Any person(s) wishing to provide DEP with additional hearing, as applicable, on a mining permit application, as information, which they believe should be considered provided by 25 Pa. Code § 77.123 or § 86.34, must prior to the issuance of this permit, may submit the contain the name, address and telephone number of the information to the address shown in the preceding para- requestor; the application number; a brief summary of the graph. Each written comment must contain the following: issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the Name, address and telephone number of the person conference conducted in the locality of the proposed submitting the comments. mining activities.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6113

When an NPDES number is listed, the mining activity Moshannon District Mining Office: 186 Enterprise permit application was accompanied by an application for Drive, Philipsburg, PA 16866, 814-342-8200 an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared. 59040301 and NPDES No. PA0243868. Transfer of an existing large noncoal mine from Paul T. Hall to Jody Coal Applications Received Fisher (1658 Buckweat Hollow Road, Lawrenceville, PA Cambria District Mining Office: 286 Industrial Park 16929) located in Lawrence Township, Tioga County Road, Ebensburg, PA 15931, 814-472-1900 affecting 9.6 acres. Receiving streams: Daily Creek, a warm water fishery and tributary of the Tioga River. 11050101 and NPDES No. PA0249718. E. P. Bender Transfer application received: October 17, 2011. Coal Company, Inc., P. O. Box 594, Carrolltown, PA 15722, permit renewal for the continued operation and Pottsville District Mining Office: 5 West Laurel Boule- restoration of a bituminous surface and auger mine in vard, Pottsville, PA 17901, 570-621-3118 Cresson Township, Cambria County, affecting 197.7 acres. Receiving stream(s): UT to Bear Rock Run classi- 54851336T2 and NPDES Permit No. PA0223328. fied for the following use(s): cold water fishery. The first Emberclear Reserves, Inc., (79 Glenmaura National downstream potable water supply intake from the point Boulevard, Suite 105, Moosic, PA 18507), transfer of an of discharge is Lilly Borough Surface Water Intake on existing anthracite underground mine, preparation plant Bear Rock Run PWS No. 4110046. Application received: and refuse disposal operation from Summit Anthracite, October 19, 2011. Inc. in Porter and Frailey Townships, Schuylkill County affecting 199.643 acres, receiving stream: Good Spring 56110109 and NPDES No. PA0263362. Sherpa Min- Creek, classified for the following use: cold water fishes. ing Contractors, Inc., 337 Benny Road, Hooversville, Application received: October 18, 2011. PA 15936 commencement, operation and restoration of a bituminous surface mine in Shade Township, Somerset Noncoal Applications Received County, affecting 343.5 acres. Receiving stream(s): Miller Run, UT to Hinson Run, UTs to/and Shade Creek; Dark Knox District Mining Office: P. O. Box 669, 310 Best Shade Creek classified for the following use(s): cold water Avenue, Knox, PA 16232-0669, 814-797-1191 fisheries. There are no potable water supply intakes within 10 miles downstream. Application received: Octo- 37020307 and NPDES Permit No. PA0242276. ber 12, 2011. Amerikohl Aggregates, Inc. (1384 State Route 711, Stahlstown, PA 15687) Transfer of an existing large 32950202. NPDES No. PA0213039 and General Per- industrial minerals mine from Amerikohl Mining, Inc. in mit GP-12-32950202, Cambria Reclamation Corpora- Wayne Township, Lawrence County affecting 231.9 tion, 243 Rubisch Road, Ebensburg, PA 15931, revision of acres. Receiving streams: Unnamed tributaries to Beaver an existing bituminous coal refuse site to obtain coverage River and unnamed tributaries to Snake Run, both for coal refuse reprocessing under air quality general permit GP-12 in Center Township, Indiana County, classified for the following uses: WWF. There are no affecting 287.3 acres. Receiving stream(s): unnamed tribu- potable surface water supply intakes within 10 miles tary to Yellow Creek and Yellow Creek classified for the downstream. Application received: October 18, 2011. following use(s): cold water fishery; trout stocked fishery. Pottsville District Mining Office: 5 West Laurel Boule- There are no potable water supply intakes within 10 vard, Pottsville, PA 17901, 570-621-3118 miles downstream. Application received: October 24, 2011. 7475SM10A1C9 and NPDES Permit No. PA0123242. Greensburg District Mining Office: Armbrust Profes- Essroc Cement Corp., (Route 248 and Easton Road, sional Center, 8205 Route 819, Greensburg, PA 15601, Nazareth, PA 18064), renewal of NPDES Permit for 724-925-5500 discharge of treated mine drainage from a quarry opera- 03090201 and NPDES Permit No. PA0251798. Coal tion in Upper Nazareth and Lower Nazareth Townships Valley Sales, LLC (111 Freeport Road, Pittsburgh, PA and Nazareth Borough, Northampton County, receiving 15215). Revision application for the addition of 7.0 acres stream: East Branch of Monocacy Creek, classified for the to add a haulroad to an existing bituminous surface mine, following use: HQ-cold water fishes. Application received: located in North Buffalo and Cadogan Townships, October 26, 2011. Armstrong County, affecting 79.6 acres. Receiving 7975SM4C7 and NPDES Permit No. PA0594270. streams: unnamed tributary to Allegheny River, classified Edison Quarry, Inc., (25 Quarry Road, Doylestown, PA for the following use: CWF. There is no potable water 18901), renewal of NPDES Permit for discharge of treated supply intake within 10 miles downstream from the point mine drainage from a quarry operation in Doylestown of discharge. Application received: October 24, 2011. Township, Bucks County, receiving stream: Neshaminy Knox District Mining Office: P. O. Box 669, 310 Best Creek, classified for the following uses: trout stocking and Avenue, Knox, PA 16232-0669, 814-797-1191 migratory fishes. Application received: October 26, 2011. 43060101. Ben Hal Mining Company (389 Irishtown MINING ACTIVITY NPDES DRAFT Road, Grove City, PA 16127) Renewal of an existing PERMITS bituminous surface mine in Jackson Township, Mercer County affecting 68.9 acres. Receiving streams: Un- This notice provides information about applications for named tributaries to Yellow Creek, classified for the a new, amended or renewed NPDES permits associated following uses: TSF. There are no potable surface water with mining activity (coal or noncoal) permits. The appli- supply intakes within 10 miles downstream. This renewal cations concern industrial waste (mining) discharges to is for reclamation only. Application received: October 25, surface water and discharges of stormwater associated 2011. with mining activities. This notice is provided in accord-

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6114 NOTICES ance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Effluent Limits for Coal Mining Activities Part 122, implementing provisions of The Clean Streams For coal mining activities, NPDES permits, when is- Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean sued, will contain effluent limits that are the more Water Act(33 U.S.C.A. §§ 1251—1376). stringent of technology-based (BAT) effluent limitations or The Department of Environmental Protection (Depart- Water Quality Based Effluent Limits (WQBEL). ment) has prepared a draft NPDES permit and made a The BAT limits for coal mining activities, as provided tentative determination to issue the NPDES permit in in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are conjunction with the associated mining activity permit. as follows:

30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* * The parameter is applicable at all times.

In addition, the Department imposes a technology- limits apply to iron, manganese and suspended solids in based aluminum limit of 2.0 mg/l (30 day average) to surface runoff, discharges and drainage resulting from protect stream uses. these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, A settleable solids instantaneous maximum limit of 0.5 88.292, 89.52 and 90.102. ml/l applies to: surface runoff (resulting from a precipita- Exceptions to BAT effluent limits may be applicable in tion event of less than or equal to a 10-year 24-hour accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, event) from active mining areas; active areas disturbed by 88.292, 89.52 and 90.102. coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (re- Effluent Limits for Noncoal Mining Activities sulting from a precipitation event of greater than 1-year The BAT limits for noncoal mining activities as pro- 24-hour to less than or equal to a 10-year 24-hour event) vided in 40 CFR Part 436 and 25 Pa. Code Chapter 77 from coal refuse disposal piles. Similarly, modified BAT are as follows:

30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times.

Discharges from noncoal mines located in some geologic gram Implementation—Memorandum of Understanding settings (for example, in the coal fields) may require (MOU) Concerning Water Quality Management, NPDES additional water quality based effluent limits. If addi- Program Implementation, and Related Matters. Other tional effluent limits are needed for an NPDES permit specific factors to be considered include public comments associated with a noncoal mining permit, then the permit and Total Maximum Daily Load(s). Additional discharge description specifies the parameters. limitations may apply in the event that unexpected In addition to BAT or WQBEL limits, coal and noncoal discharges occur. NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) iden- Discharge rates for surface mining activities are pre- tified in the associated Erosion and Sedimentation Plan, cipitation driven. Discharge rates for proposed discharges the Reclamation Plan and the NPDES permit application. associated with underground mining are noted in the These BMPs restrict the rates and quantities of associ- permit description. ated pollutants from being discharged into surface waters in this Commonwealth. Persons wishing to comment on an NPDES draft permit should submit a written statement to the Depart- More restrictive effluent limitations, restrictions on ment at the address of the district mining office indicated discharge volume or restrictions on the extent of mining before each draft permit within 30 days of this public that may occur are incorporated into an NPDES permit notice. Comments received within the comment period when necessary for compliance with water quality stan- will be considered in the final determinations regarding dards and antidegradation requirements (in accordance the NPDES permit applications. Comments must include with 25 Pa. Code Chapters 91—96). the name, address and telephone number of the writer The procedures for determining the final effluent limits, and a concise statement to inform the Department of the using a mass-balance equation or model, are found in exact basis of a comment and the relevant facts upon Technical Guidance Document 362-0600-001, NPDES Pro- which it is based.

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6115

The Department will also accept requests or petitions considers the public interest significant. If a hearing is for a public hearing on NPDES permit applications, as scheduled, a notice of the hearing on the NPDES permit provided in 25 Pa. Code § 92a.82(d). The request or application will be published in the Pennsylvania Bulletin petition for a public hearing shall be filed within 30 days and a newspaper of general circulation within the rel- of this public notice and contain the name, address, evant geographical area. When a public hearing is held, telephone number and the interest of the party filing the the Department will consider comments from the public request, and state the reasons why a hearing is war- hearing in the final determination on the NPDES permit ranted. A public hearing may be held if the Department application.

Noncoal NPDES Draft Permits Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900 NPDES No. PA0599204 (Mining permit no. 4275SM19), New Enterprise Stone & Lime Company, Inc., P. O. Box 77, New Enterprise, PA 16664, renewal of an NPDES permit for noncoal surface mine in Spruce Creek and Warriors Mark Townships, Huntingdon County, affecting 533.7 acres. Receiving stream(s): Little Juniata River, unnamed tributary to Little Juniata River, and Gensimore Run, classified for the following use(s): cold water fishery, warm water fishery, warm water fishery. Application received: October 14, 2011. Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for noncoal mining activities. The outfall(s) listed below discharge to: Little Juniata River Outfall Nos. New Outfall (Y/N) 001 N 002 N Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118 NPDES No. PA0224146 on Surface Mining Permit No. 06010301. Berks Products Corp., (PO Box 900, Wyomissing, PA 19610), renewal of an NPDES Permit for a Limestone Quarry operation in Maxatawny Township, Berks County, affecting 38.4 acres. Receiving stream: Maiden Creek, classified for the following use: warm water fishes. Application received: October 19, 2011. Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are BAT limits described above for noncoal mining activities. The outfall(s) listed below discharge to Maiden Creek. Outfall Nos. New Outfall Y/N Type 1 & 2 No O.D. NPDES No. PA0119628 on Surface Mining Permit Nos. 4874SM1, 67930301 and 67050301. County Line Quarry, Inc., renewal of an NPDES Permit for a Quartzite Quarry operation in Wrightsville Borough and Hellam Township, York County, affecting 285.12 acres. Receiving stream: Kreutz Creek, classified for the following use: warm water fishes. Application received: October 19, 2011. Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are BAT limits described above for noncoal mining activities. The outfall(s) listed below discharge to Kreutz Creek. Outfall No. New Outfall Y/N Type T002 No O.D.

FEDERAL WATER POLLUTION name, address and telephone number of the person CONTROL ACT, SECTION 401 commenting, identification of the certification request to which the comments or objections are addressed and a The following permit applications, requests for Environ- concise statement of comments, objections or suggestions mental Assessment approval and requests for 401 Water including the relevant facts upon which they are based. Quality Certification have been received by the Depart- ment. Section 401 of the Federal Water Pollution Control The Department may conduct a fact-finding hearing or Act (FWPCA) (33 U.S.C.A. § 1341) requires the Common- an informal conference in response to comments if wealth to certify that the involved projects will not violate deemed necessary. Each individual will be notified, in the sections 301—303, 306 and 307 of the FWPCA (33 writing, of the time and place of a scheduled hearing or U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as conference concerning the certification request to which relevant State requirements. Persons objecting to ap- the comment, objection or suggestion relates. Maps, draw- proval of a request for certification under section 401 of ings and other data pertinent to the certification request the FWPCA, the issuance of a Dam Permit or Water are available for inspection between 8 a.m. and 4 p.m. on Obstruction and Encroachment Permit or the approval of working days at the office noted before the application. an Environmental Assessment shall submit comments, suggestions or objections within 30 days of the date of Persons with a disability who wish to attend the this notice as well as any questions to the office noted hearing and require an auxiliary aid, service or other before an application. Comments should contain the accommodation to participate in the proceedings should

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6116 NOTICES contact the specified program. TDD users may contact the The project will result in 412 linear feet and 4,962 Department through the Pennsylvania AT&T Relay Ser- square feet of temporary stream impacts, 238,476 square vice at (800) 654-5984. feet (5.47 acres) of PEM/PSS temporary wetland impacts and 994 square feet (0.02 acres) of PEM permanent Applications Received under the Dam Safety and wetland impacts all for the purpose of installing a natural Encroachments Act (32 P. S. §§ 693.1—693.27) and gas line with associated access roadways. section 302 of the Flood Plain Management Act E4129-018: PVR Marcellus Gas Gathering, LLC, (32 P. S. § 679.302) and Requests for Certification 100 Penn Tower, Suite 201 & 202, 25 West Third Street, under section 401(a) of the FWPCA. Williamsport, PA 17701, Anthony & Mifflin Townships, WATER OBSTRUCTIONS AND ENCROACHMENTS Lycoming County, ACOE Baltimore District. Southwest Region: Watershed Management Program To construct, operate, and maintain: Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- (1) two 12.0 inch diameter water pipe lines and timber 4745. matting across an unnamed tributary to Hickory Swale (EV) impacting 50 linear feet (Waterville Quadrangle E02-1656. South Fayette Township School District, Ј Љ Ј Љ 3680 Old Oakdale Road, McDonald, PA 15057-2580, in 41°18 52 N 77°17 55 W), the Township of South Fayette, Allegheny County, (2) two 12.0 inch diameter water pipe lines and timber Pittsburgh ACOE District. The applicant proposes to matting across Hickory Swale (EV) impacting 50 linear place and maintain fill in approximately 140.0 linear feet feet (Waterville Quadrangle 41°19Ј02ЉN 77°17Ј55ЉW), of an unnamed tributary to Millers Run (WWF) for the (3) two 12.0 inch diameter water pipe lines across an purpose of constructing a new Intermediate Elementary unnamed tributary to Hickory Swale (EV) impacting 50 School. The project is located on the east side of linear feet (Waterville Quadrangle 41°19Ј02ЉN 77°17Ј Treveskyn Road, approximately 9,500.0 feet northeast 55ЉW), from the intersection of Treveskyn Road and Millers Run Road (Canonsburg, PA Quadrangle N: 22.3 inches; (4) two 12.0 inch diameter water pipe lines and timber W: 6.2 inches; Latitude: 40°-22Ј-30Љ; Longitude: 80°-09Љ- matting across an unnamed tributary to the First Fork 56Љ) in South Fayette Township, Allegheny County, and Larrys Creek (EV) impacting 50 linear feet (Waterville will impact approximately 140.0 linear feet of stream Quadrangle 41°19Ј15ЉN 77°17Ј56ЉW), channel. (5) a two 12.0 inch diameter water pipe lines and Northcentral Region: Oil and Gas Management Pro- timber matting across an unnamed tributary to the First gram Manager, 208 West Third Street, Suite 101, Fork Larrys Creek (EV) impacting 50 linear feet Williamsport, PA 17701 (Waterville Quadrangle 41°19Ј16ЉN 77°17Ј56ЉW), E0829-024: Appalachia Midstream, LLC, 100 IST (6) a two 12.0 inch diameter water pipe lines and Center, Horseheads, NY 14845, Asylum Township, timber matting across an unnamed tributary to the First Bradford County, ACOE Baltimore District. Fork Larrys Creek (EV) impacting 50 linear feet (Waterville Quadrangle 41°19Ј17ЉN 77°17Ј56ЉW). To construct, operate and maintain: The project will result in 300 linear feet of stream 1. a 16 inch diameter natural gas line and a temporary impacts and 0.0 acres of wetland impacts, all for the 12 foot wide equipment mat across an unnamed tributary purpose of installing water pipe line with associated to Susquehanna River (WWF-MF) impacting 150 linear access roadways for Marcellus well development. feet of stream; (Monroeton, PA Quadrangle, Latitude: 41°44Ј24Љ, Longitude: -76°23Ј11Љ); E5729-016: Chesapeake Appalachia, LLC, 101 N. Main Street, Athens, PA 18810, Cherry Township, Sul- 2. a 16 inch diameter natural gas line and a temporary livan County, ACOE Baltimore District. 12 foot wide equipment mat across an unnamed tributary to Susquehanna River (WWF-MF) impacting 80 linear To construct, operate, and maintain: feet of stream; (Monroeton, PA Quadrangle, Latitude: (1) two 16.0 inch diameter temporary water lines and a 41°44Ј35Љ, Longitude: -76°23Ј10Љ); timber mat across Little Loyalsock Creek (EV, MF) Ј Љ 3. a permanent access road crossing a Palustrine impacting 33 linear feet (Colley Quadrangle 41°31 56 N Ј Љ Emergent Wetland (PEM) impacting 356 square feet; 76°20 08 W), (Monroeton, PA Quadrangle, Latitude: 41°44Ј38Љ, Longi- (2) two 16.0 inch diameter temporary water lines and a tude: -76°23Ј14Љ); timber mat impacting 3622 square feet of a palustrine emergent (PEM) wetland (Colley Quadrangle 41°32Ј37ЉN 4. a permanent access road crossing a Palustrine Ј Љ Emergent Wetland (PEM) impacting 356 square feet; 76°20 06 W), (Monroeton, PA Quadrangle, Latitude: 41°44Ј37Љ, Longi- (3) two 16.0 inch diameter temporary water lines and a tude: -76°23Ј11Љ); timber mat impacting 340 square feet of palustrine forested (PFO) wetland (Colley Quadrangle 41°32Ј39ЉN 5. a temporary 12 foot wide equipment mat across a Ј Љ Palustrine Emergent Wetland (PEM) impacting 2,341 76°20 06 W), square feet; (Monroeton, PA Quadrangle, Latitude: (4) two 16.0 inch diameter temporary water lines and a 41°44Ј53Љ, Longitude: -76°23Ј51Љ); timber mat across an unnamed tributary to North Branch 6. a 16 inch diameter natural gas line and a 12 foot Mehoopany Creek (CWF,MF) impacting 21 linear feet Ј Љ Ј56ЉW). wide equipment mat impacting 182 linear feet of an (Colley Quadrangle 41°32 56 N 76°19 unnamed tributary to Susquehanna River (WWF, MF) The project will result in 47 linear feet of temporary and adjacent Palustrine Emergent Wetland (PEM), and stream impacts and 3962 square feet of temporary Palustrine Scrub-Shrub Wetland (PSS) impacting 236,135 wetland impacts from water lines and temporary mat square feet (Towanda, PA, Latitude: 41°45Ј14Љ, Longitude: crossings. These crossings will accumulate a total of less -76°23Ј06Љ); than 0.01 acre of watercourse impacts and 0.09 acre of

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6117 wetland impacts all for the purpose of installing tempo- (WWF-MF) impacting 50 linear feet of stream; (Le rary water lines with associated access roadways for Raysville, PA Quadrangle, Latitude: 41° 48Ј45Љ, Longi- Marcellus well development tude: -76° 13Ј45Љ); E0829-023: Chesapeake Appalachia, LLC, 101 N. 6. Two 12 inch diameter natural gas line, a 16 inch Main Street, Athens, PA 18810, Wilmot Township, diameter natural gas line and a 16 foot wide equipment Bradford County, ACOE Baltimore District. mat impacting 75 linear feet of an unnamed tributary to Cold Creek (WWF, MF) and adjacent Palustrine Forest To construct, operate, and maintain: Wetland (PFO) impacting 5 square feet (Le Raysville, PA, (1) two 16.0 inch diameter temporary water lines over Latitude: 41°45Ј14Љ, Longitude: -76°23Ј06Љ); an existing culvert on an unnamed tributary to North 7. Two 12 inch diameter natural gas line, a 16 inch Branch Mehoopany Creek (CWF, MF) impacting 3 linear diameter waterline and a temporary 16 foot wide equip- feet (Colley Quadrangle 41°33Ј05ЉN 76°20Ј10ЉW), ment mat across an unnamed tributary to Cold Creek (2) two 16.0 inch diameter temporary water lines and a (WWF-MF) impacting 36 linear feet of stream; (Le timber mat impacting 1263 square feet of a palustrine Raysville, PA Quadrangle, Latitude: 41° 49Ј11Љ, Longi- emergent (PEM) wetland (Colley Quadrangle 41°33Ј15ЉN tude: -76° 14Ј03Љ); 76°20Ј06ЉW), 8. Two 12 inch diameter natural gas line, a 16 inch (3) two 16.0 inch diameter temporary water lines and a diameter natural gas line and a 16 foot wide equipment timber mat impacting 2420 square feet of palustrine mat impacting 24 linear feet of an unnamed tributary to emergent (PEM) wetland (Colley Quadrangle 41°33Ј19ЉN Cold Creek (WWF, MF) and adjacent Palustrine Forest 76°19Ј43ЉW), Wetland (PFO) impacting 566 square feet (Le Raysville, PA, Latitude: 41°49Ј13Љ, Longitude: -76°14Ј05Љ); (4) two 16.0 inch diameter temporary water lines and a 9. Two 12 inch diameter natural gas line, a 16 inch timber mat across North Branch Mehoopany Creek diameter waterline and a temporary 16 foot wide equip- (CWF,MF) impacting 32 linear feet (Colley Quadrangle ment mat across impacting 610 square feet of Palustrine 41°33Ј43ЉN 76°19Ј53ЉW). Emergent Wetland (PEM) (Le Raysville, PA Quadrangle, The project will result in 35 linear feet of temporary Latitude: 41° 49Ј21Љ, Longitude: -76° 14Ј11Љ); stream impacts and 3683 square feet of temporary 10. Two 12 inch diameter natural gas line, a 16 inch wetland impacts from water lines and temporary mat diameter waterline and a temporary 16 foot wide equip- crossings. These crossings will accumulate a total of less ment mat across impacting 3,398 square feet of than 0.01 acre of watercourse impacts and 0.08 acres of Palustrine Emergent Wetland (PEM) (Le Raysville, PA wetland impacts all for the purpose of installing tempo- Quadrangle, Latitude: 41° 49Ј22Љ, Longitude: -76° 14Ј16Љ); rary water lines with associated access roadways for Marcellus well development. 11. Two 12 inch diameter natural gas line, a 16 inch diameter natural gas line and a 16 foot wide equipment E0829-018: Angelina Gathering Company, LLC, mat impacting 60 linear feet of an unnamed tributary to 2350 N. Sam Houston Parkway Houston, TX 77032, Cold Creek (WWF, MF) and adjacent Palustrine Emer- Herrick Township, Bradford County, ACOE Baltimore gent Wetland (PEM) impacting 392 square feet (Rome, District. PA, Latitude: 41°48Ј57Љ, Longitude: -76°14Ј59Љ); To construct, operate and maintain: 12. Two 12 inch diameter natural gas line, a 16 inch 1. Two 12 inch diameter natural gas line, a 16 inch diameter natural gas line and a 16 foot wide equipment diameter waterline and a temporary 16 foot wide equip- mat impacting 78 linear feet of Cold Creek (WWF, MF) ment mat across an unnamed tributary to Cold Creek and adjacent Palustrine Forest Wetland (PFO) and (WWF-MF) impacting 72 linear feet of stream; (Le Palustrine Emergent Wetland impacting 479 square feet Raysville, PA Quadrangle, Latitude: 41° 47Ј55Љ, Longi- (Rome, PA, Latitude: 41°48Ј53Љ, Longitude: -76°15Ј00Љ); Ј Љ tude: -76° 15 19 ); 13. Two 12 inch diameter natural gas line, a 16 inch 2. Two 12 inch diameter natural gas line, a 16 inch diameter waterline and a temporary 16 foot wide equip- diameter waterline and a temporary 16 foot wide equipment mat across impacting 3,659 square feet of ment mat across an unnamed tributary to Cold Creek Palustrine Emergent Wetland (PEM) (Rome, PA Quad- (WWF-MF) impacting 57 linear feet of stream; (Le rangle, Latitude: 41° 48Ј15Љ, Longitude: -76° 15Ј41Љ); Raysville, PA Quadrangle, Latitude: 41° 48Ј44Љ, Longi- The project will result in 570 linear feet of temporary tude: -76° 13Ј42Љ); stream impacts and 9,104 square feet (0.209 acres) of 3. Two 12 inch diameter natural gas line, a 16 inch PEM and PFO wetland impact all for the purpose of diameter waterline and a temporary 16 foot wide equip- installing a natural gas pipeline and a waterline with ment mat across an unnamed tributary to Cold Creek associated access roadways. (WWF-MF) impacting 55 linear feet of stream; (Le ENVIRONMENTAL ASSESSMENTS Raysville, PA Quadrangle, Latitude: 41° 48Ј44Љ, Longi- tude: -76° 13Ј42Љ); Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market 4. Two 12 inch diameter natural gas line, a 16 inch Street, Harrisburg, PA 17105 diameter waterline and a temporary 16 foot wide equipment mat across an unnamed tributary to Cold Creek D36-019EA. Dave Lewis, Marietta Gravity Water (WWF-MF) impacting 63 linear feet of stream; (Le Company, 1195 River Road, P. O. Box 302, Marietta, PA Raysville, PA Quadrangle, Latitude: 41° 48Ј45Љ, Longi- 17547-0302. East Donegal and West Hempfield Town- tude: -76° 13Ј44Љ); ships, Lancaster County, ACOE Baltimore District. Project proposes to breach and remove Heistand Sawmill 5. Two 12 inch diameter natural gas line, a 16 inch Dam across Chickies Creek (WWF) for the purpose of diameter waterline and a temporary 16 foot wide equip- eliminating a threat to public safety and restoring the ment mat across an unnamed tributary to Cold Creek stream to a free flowing condition. The project will restore

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6118 NOTICES approximately 1200 feet of stream channel. The dam is the appropriate Department regional office during the located approximately 300 feet southeast of the intersec- 30-day public comment period. tion of SR 441 and Long Lane (T334) (Columbia West, PA Ј Љ Ј Љ Following the 30-day comment period, the appropriate Quadrangle; Latitude: 40° 3 19 , Longitude: -76° 31 36 ). regional office water management program manager will APPLICATIONS RECEIVED UNDER THE LIMITED make a final determination regarding the proposed per- POWER ACT mit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination The following permit applications have been received by may be appealed to the Environmental Hearing Board the Department under the act of June 14, 1923 (P. L. 704, (Board). No. 294), known as the Limited Power Act. A person objecting to the issuance of a Limited Power Permit shall The application and related documents, including the submit comments, suggestions or objections within 30 erosion and sediment control plan for the earth distur- days of the date of this notice as well as questions to the bance activity, are on file and may be inspected at the office noted before the application. Persons with a disabil- appropriate regional office. ity who wish to attend the hearing and require an Persons with a disability that require an auxiliary aid, auxiliary aid, service or other accommodation to partici- service or other accommodation to participate during the pate in the proceedings should contact the specified 30-day public comment period should contact the specified program. TDD users may contact the Department regional office. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) through the Pennsylvania AT&T Relay Service at (800) 654-5984. 654-5984. Northcentral Regional Oil and Gas Manager. 208 W. Applications received under sections 5 and 402 of Third St., Suite 101, Williamsport, PA 17701 The Clean Streams Law (35 P. S. §§ 691.5 and 95-16-65420-013. Southwestern Energy Company, 691.402) 2350 N. Sam Houston Parkway East, Suite 125, Houston, TX 77032. Project proposes to construct, operate, and Northcentral Region: Oil & Gas Management Program maintain the Zeffer 1 Impoundment Dam as a centralized Manager, 208 West Third Street, Williamsport, PA 17701 impoundment to collect and store flow-back water, for the ESCGP-1 # ESX11-015-0231 use and re-use of hydraulic fracturing water from the Applicant Name Chief Oil & Gas LLC wells in the area, located adjacent to Zeffer 2. (Montrose Contact Person Michael Hritz East, PA Quadrangle; Latitude: N 41° 48Ј 59Љ, Longitude: Address 6051 Wallace Road Ext., Suite 210 W -75° 14Ј 00Љ), New Milford Township, Susquehanna City, State, Zip Wexford, PA 15090 County. County Bradford Township(s) Towanda 95-16-65420-014. Southwestern Energy Company, Receiving Stream(s) and Classification(s) UNT to 2350 N. Sam Houston Parkway East, Suite 125, Houston, Susquehanna River (WWF), UNT to Towanda Creek TX 77032. Project proposes to construct, operate, and (CWF); maintain the Zeffer 2 Impoundment Dam as a centralized Secondary: Susquehanna River (WWF), Towanda Creek impoundment to collect and store flow-back water, for the (CWF) use and re-use of hydraulic fracturing water from the wells in the area, located adjacent to Zeffer 1. (Montrose ESCGP-1 # ESX11-015-0229 East, PA Quadrangle; Latitude: N 41° 48Ј 59Љ, Longitude: Applicant Name Chief Oil & Gas LLC W -75° 14Ј 00Љ), New Milford Township, Susquehanna Contact Person Michael Hritz County. Address 6051 Wallace Road Ext., Suite 210 City, State, Zip Wexford, PA 15090 EROSION AND SEDIMENT CONTROL PERMITS County Bradford County Township(s) Stevens and Pike The following parties have applied for Erosion and Receiving Stream(s) and Classification(s) 2 UNT to Sediment Control Permits for earth disturbance activities Rockwell Creek (WWF), Rockwell Creek (both WWF); associated with either road maintenance or timber har- Secondary: Wyalusing Creek (WWF) vesting operations. ESCGP-1 # ESX11-115-0079 Unless otherwise indicated, on the basis of preliminary Applicant Name Laser Northeast Gathering review and application of lawful standards and regula- Contact Person Kevin Marion tions, the Department proposes to issue a permit to Address 1212 South Abington Road discharge, subject to certain limitations in the permit City, State, Zip Clarks Summit, PA 18411 conditions. These proposed determinations are tentative. County Susquehanna Limitations are provided as erosion and sediment control Township(s) Liberty best management practices which restrict the rate and Receiving Stream(s) and Classification(s) Dubois Creek quantity of sediment discharged. (CWF) A person wishing to comment on a proposed permit are ESCGP-1 # ESX11-015-0225 invited to submit a statement to the appropriate Depart- Applicant Name Chesapeake Appalachia, LLC ment regional office listed before the application within Contact Person Eric Haskins 30 days of this public notice. Comments reviewed within Address 101 North Main Street this 30-day period will be considered in the formulation of City, State, Zip Athens, PA 18810 the final determinations regarding this application. Re- County Bradford sponses should include the name, address and telephone Township(s) Wilmot number of the writer and a concise statement to inform Receiving Stream(s) and Classification(s) UNT of Sugar the Department of the exact basis of a comment and Run Creek, Rocky Forest Creek (CWF); relevant facts upon which it is based. A public hearing Secondary: Susquehanna River (WWF), Sugar Run may be held after consideration of comments received by Creek (CWF)

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ESCGP-1 # ESX11-015-0189 Receiving Stream(s) and Classification(s) 3 UNT to Applicant Name Appalachia Midstream Services, LLC Pendleton Creek (CWF/MF); Contact Person Patrick Myers, Jr. Secondary: Pendleton Creek (CWF/MF) Address 100 Ist Center City, State, Zip Horseheads, NY 14845 ESCGP-1 # ESX11-081-0124 County Bradford Applicant Name Anadarko Marcellus Midstream, LLC Township(s) Overton Contact Person Nathan Bennett Receiving Stream(s) and Classification(s) Black Creek, Address 33 W. Third Street Millstone Creek Level Branch & Tributaries to Black City, State, Zip Williamsport, PA 17701 Creek, Millstone Creek Level Branch, Millstone Creek, County Lycoming Chilson Run and Lick Creek (EV/HQ-CWF/MF Township(s) Cogan House ESCGP-1 # ESX11-015-0045 (01) Receiving Stream(s) and Classification(s) Big Sandy Run Applicant Name Appalachia Midstream Services, LLC & Wolf Run (HQ-CWF) Contact Person Patrick Myers, Jr. Address 100 Ist Center ESCGP-1 # ESX11-081-0129 City, State, Zip Horseheads, NY 14845 Applicant Name Anadarko Marcellus Midstream LLC County Bradford Contact Person Nathan Bennett Township(s) Rome, Orwell, Wysox and Standing Stone Address 33 W. Third Street Receiving Stream(s) and Classification(s) CWF, MF: Trib City, State, Zip Williamsport, PA 17701 to Bullard Creek, Trout Stream, Wysox Creek, Jerome County Lycoming Creek, Beaver Creek, Johnson Creek; WWF, MF: Parks Township(s) Cogan House Creek, Vought Creek, Tributary 29978 to Rummerfield Receiving Stream(s) and Classification(s) Wolf Run (HQ) Creek ESCGP-1 # ESX11-115-0126 ESCGP-1 # ESX11-113-0018 Applicant Name Cabot Oil & Gas Corporation Applicant Name Chesapeake Appalachia, LLC Contact Person Kenneth Marcum Contact Person Eric Haskins Address Five Penn Center West, Suite 401 Address 101 North Main Street City, State, Zip Pittsburgh, PA 15276 City, State, Zip Athens, PA 18810 County Susquehanna County County Sullivan Township(s) Brooklyn Township(s) Cherry Receiving Stream(s) and Classification(s) UNT to Hop Receiving Stream(s) and Classification(s) Lick Creek, UNT to Lick Creek (both EV); Creek (CWF) Secondary: Little Loyalsock Creek (EV) ESCGP-1 # ESX11-115-0123 ESCGP-1 # ESX11-081-0110 Applicant Name Southwestern Energy Production Com- Applicant Name Inflection Energy, LLC pany Contact Person James Watson Contact Person Dave Sweeley Address 701 Technology Drive, Suite 250 Address 917 State Route 92 North City, State, Zip Canonsburg, PA 15317 City, State, Zip Tunkhannock, PA 18657 County Lycoming County Susquehanna Township(s) Upper Fairfield Township(s) Jackson Receiving Stream(s) and Classification(s) Loyalsock Creek Receiving Stream(s) and Classification(s) UNT to Little (EV) Butler Lake (CWF), Page Lake (HQ-CWF); ESCGP-1 # ESX11-117-0108 Secondary: Little Butler Creek (CWF) and Salt Lick Applicant Name Seneca Resources Creek (HQ-CWF) Contact Person Mike Clinger ESCGP-1 # ESX11-081-0128 Address 51 Zents Boulevard Applicant Name Anadarko Marcellus Midstream LLC City, State, Zip Brookville, PA 15825 Contact Person Nathan Bennett County Tioga Address 33 W. Third Street Township(s) Delmar City, State, Zip Williamsport, PA 17701 Receiving Stream(s) and Classification(s) East Branch— County Lycoming Canada Run (HQ) Township(s) Cogan House ESCGP-1 # ESX11-015-0228 Receiving Stream(s) and Classification(s) Wendell Run, Applicant Name EOG Resources, Inc. UNT to Larry’s Creek (HQ-EV) Contact Person Jon Jorgenson Address 2039 South Sixth Street ESCGP-1 # ESX11-117-0102 City, State, Zip Indiana, PA 15701 Applicant Name SWEPI LP County Bradford Contact Person James Sewell Township(s) Athens Address 190 Thorn Hill Road Receiving Stream(s) and Classification(s) Apple Creek; City, State, Zip Warrendale, PA 15086 Secondary: Buck Creek County Tioga Township(s) Middlebury ESCGP-1 # ESX11-015-0224 Receiving Stream(s) and Classification(s) UNT to North Applicant Name Talisman Energy USA, Inc. Run, Trib. to North Run—Susquehanna River Basin in Contact Person Tracy Gregory PA—Tioga River (List L); North Run, Trib. to Crooked Address 337 Daniel Zenker Drive Creek—Susquehanna River Basin in PA—Tioga River City, State, Zip Horseheads, NY 14845 (List L); County Bradford Secondary: Crooked Creek—Susquehanna River Basin Township(s) Warren in PA—Tioga River (List L)

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ESCGP-1 # ESX11-131-0033 ESCGP-1 # ESX11-081-0135 Applicant Name Chesapeake Appalachia, LLC Applicant Name Anadarko Marcellus Midstream LLC Contact Person Eric Haskins Contact Person Nathan Bennett Address 101 North Main Street Address 33 W. Third Street City, State, Zip Athens, PA 18810 City, State, Zip Williamsport, PA 17701 County Wyoming County Lycoming Township(s) Meshoppen Township(s) Cogan House Receiving Stream(s) and Classification(s) Little Meshop- Receiving Stream(s) and Classification(s) Wolf run (HQ- pen Creek (CWF); CWF, MF) Secondary: Susquehanna River ESCGP-1 # ESX11-115-0132 ESCGP-1 # ESX11-015-0223 Applicant Name Williams Field Services Company Applicant Name SWEPI LP Contact Person Frank Conneto Contact Person James Sewell Address 1605 Coraopolis Heights Road Address 190 Thorn Hill Road City, State, Zip Moon Township, PA 15108-4310 City, State, Zip Warrendale, PA 15086 County Susquehanna County Bradford Township(s) Springville Township(s) Canton Receiving Stream(s) and Classification(s) Trib of Monroe Receiving Stream(s) and Classification(s) UNT to Creek/Upper Susquehanna—Tunkhannock Watershed Towanda Creek/Susquehanna River Basin in PA (CWF); ESCGP-1 # ESX11-115-0110 Secondary: Towanda Creek (CWF) Applicant Name Cabot Oil & Gas Corporation ESCGP-1 # ESX11-015-0211 Contact Person Kenneth Marcum Applicant Name Talisman Energy USA, Inc. Address Five Penn Center West, Suite 401 Contact Person Tracy Gregory City, State, Zip Pittsburgh, PA 15276 Address 337 Daniel Zenker Drive County Susquehanna City, State, Zip Horseheads, NY 14845 Township(s) Lenox County Bradford Receiving Stream(s) and Classification(s) Millard Creek; Township(s) Wells Secondary: Tunkhannock Creek Receiving Stream(s) and Classification(s) UNT to South ESCGP-1 # ESX09-117-0075(03) Creek (CWF/MF); Applicant Name SWEPI LP Secondary: South Creek Contact Person James Sewell ESCGP-1 # ESX11-015-0230 Address 190 Thorn Hill Road Applicant Name Chesapeake Appalachia LLC City, State, Zip Warrendale, PA 15086 Contact Person Eric Haskins County Tioga Address 101 North Main Street Township(s) Nelson City, State, Zip Athens, PA 18810 Receiving Stream(s) and Classification(s) UNT to County Bradford County Cowanesque River/Susquehanna River Basin in PA ~ Township(s) Albany Tioga River (List H) (WWF); Receiving Stream(s) and Classification(s) UNT to Branch Secondary: Cowanesque River Towanda Creek (CWF); South Branch Towanda Creek ESCGP-1 # ESX11-015-0226 (CWF) Applicant Name Chief Oil & Gas, LLC Contact Person Michael Hritz ESCGP-1 # ESX11-131-0035 Address 6051 Wallace Road, Ext., Suite 210 Applicant Name Carrizo Marcellus, LLC City, State, Zip Wexford, PA 15090 Contact Person Gary Byron County Bradford Address 251 Drain Lick Road Township(s) Wilmot City, State, Zip Drifting, PA 16834 Receiving Stream(s) and Classification(s) UNT to Sugar County Wyoming Run Creek (CWF), Sugar Run Creek (CWF); Township(s) Washington Secondary: Susquehanna River (CWF) Receiving Stream(s) and Classification(s) Meshoppen Creek (CWF) and Taches Creek (CWF) ESCGP-1 # ESX11-015-0227 Applicant Name Appalachia Midstream Services, LLC ESCGP-1 # ESX11-081-0125 Contact Person Patrick Myers, Jr. Applicant Name Anadarko Marcellus Midstream, LLC Address 100 Ist Center Contact Person Nathan Bennett City, State, Zip Horseheads, NY 14845 Address 33 W. Third Street County Bradford City, State, Zip Williamsport, PA 17701 Township(s) Athens and Smithfield County Lycoming Receiving Stream(s) and Classification(s) Buck Creek, Township(s) Gamble Wolcott Creek & Tributaries to Buck Creek and Wolcott Receiving Stream(s) and Classification(s) East Branch Creek (WWF/MF) Murray Run, West Branch Murray Run, Wallis Run and Roaring Run (EV) ESCGP-1 # ESX11-015-0193 Applicant Name Chief Oil & Gas LLC ESCGP-1 # ESX11-113-0019 Contact Person Michael Hritz Applicant Name Chesapeake Appalachia, LLC Address 6051 Wallace Road, Ext., Suite 210 Contact Person Eric Haskins City, State, Zip Wexford, PA 15090 Address 101 North Main Street County Bradford and Sullivan City, State, Zip Athens, PA 18810 Township(s) Overton and Forks County Sullivan Receiving Stream(s) and Classification(s) UNT to Level Township(s) Elkland Branch (EV); Receiving Stream(s) and Classification(s) Lake Run (EV) Secondary: Little Loyalsock Creek (EV)

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ESCGP-1 # ESX11-015-0217 (CWF/MF), UNT to Wysox Creek (CWF/MF); Applicant Name Chief Oil & Gas LLC Secondary: Wysox Creek (CWF/MF) Contact Person Michael Hritz ESCGP-1 # ESX11-081-0137 Address 6051 Wallace Road, Ext., Suite 210 Applicant Name Anadarko E&P Company City, State, Zip Wexford, PA 15090 Contact Person Nathan Bennett County Bradford Address 33 W. Third Street Township(s) Canoton City, State, Zip Williamsport, PA 17701 Receiving Stream(s) and Classification(s) (2) UNT to County Lycoming Towanda Creek (CWF); Township(s) Cummings Secondary: Towanda Creek (CWF) Receiving Stream(s) and Classification(s) Dam Run (EV, ESCGP-1 # ESX11-081-0051 MF); Applicant Name Seneca Resources Corporation Secondary: Little Pine Creek (HQ-CWF, MF) Contact Person Michael Clinger ESCGP-1 # ESX11-081-0133 Address 51 Zents Blvd. Applicant Name Anadarko E&P Company LP City, State, Zip Brookville, PA 15825 Contact Person Nathan Bennett County Lycoming Address 33 W. Third Street Township(s) Lewis City, State, Zip Williamsport, PA 17701 Receiving Stream(s) and Classification(s) Lycoming Creek; County Lycoming Secondary: West Branch Susquehanna River Township(s) Gamble Receiving Stream(s) and Classification(s) Miller run, UNT Applicant Name ESX11-035-0021 West Branch Murry Run (EV) Contact Person Anadarko E&P Company LP Address 33 W. Third Street ESCGP-1 # ESX11-081-0136 City, State, Zip Williamsport, PA 17701 Applicant Name Anadarko E&P Company, LP County Clinton Contact Person Nathan Bennett Township(s) Grugan Address 33 W. Third Street Receiving Stream(s) and Classification(s) UNT Right City, State, Zip Williamsport, PA 17701 Branch Hyner Run, Right Branch Hyner Run, East County Lycoming Branch Hyner; Township(s) Cogan House Secondary: Right Branch Hyner Run, Hyner Run (all Receiving Stream(s) and Classification(s) UNT to Larry’s HQ-CWF, MF) Creek (EV) ESCGP-1 # ESX11-117-0110 ESCGP-1 # ESX11-081-0123 Applicant Name SWEPI LP Applicant Name Range Resources—Appalachia, LLC Contact Person James Sewell Contact Person Mary Patton Address 190 Thorn Hill Road Address 100 Throckmorton Street, Suite 100 City, State, Zip Warrendale, PA 15086 City, State, Zip Ft. Worth, TX 76102 County Tioga County Lycoming Township(s) Charleston Township(s) Hepburn Receiving Stream(s) and Classification(s) North Elk Run Receiving Stream(s) and Classification(s) Lang Run (HQ- (CWF-MF) CWF) and an UNT to Lycoming Creek (HQ-CWF); Secondary: West Branch Susquehanna River ESCGP-1 # ESX11-035-0022 Applicant Name Anadarko E&P Company LP ESCGP-1 # ESX11-015-0167 Contact Person Nathan Bennett Applicant Name Talisman Energy USA, Inc. Address 33 W. Third Street Contact Person Tracy Gregory City, State, Zip Williamsport, PA 17701 Address 337 Daniel Zenker Drive County Clinton City, State, Zip Horseheads, NY 14845 Township(s) Grugan County Bradford Receiving Stream(s) and Classification(s) Right Branch Township(s) Windham Hyner Run (HQ-CWF, MF); Receiving Stream(s) and Classification(s) Trout Stream Secondary: Hyner Run (HQ-CWF, MF) ACTIONS THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT FINAL ACTIONS TAKEN FOR NPDES PERMITS AND WQM PERMITS The Department has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and NOIs for coverage under General Permits. This notice of final action is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.101) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376). Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or Amendment Section III WQM Industrial, Sewage or Animal Wastes; Discharges to Groundwater Section IV NPDES MS4 Individual Permit Section V NPDES MS4 Permit Waiver

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Location Permit Authority Application Type or Category Section VI NPDES Individual Permit Stormwater Construction Section VII NPDES NOI for Coverage under NPDES General Permits Sections I—VI contain actions regarding industrial, animal or sewage wastes discharges, discharges to groundwater, and discharges associated with MS4, stormwater associated with construction activities and CAFOs. Section VII contains notices for parties who have submitted NOIs for Coverage under General NPDES Permits. The approval for coverage under these General NPDES Permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions in each General Permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions in the respective permit. The permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action. Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to Administrative Agency Law). The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law. For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should contact a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information. I. NPDES Renewal Permit Actions Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745 NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N PA0030406 SCI Laurel Highlands Somerset County UNT to E. Branch Coxes Y Sewage 5706 Glades Pike Somerset Township Creek PO Box 631 Somerset, PA 15501-0631 PA0216941 S. Fork Reg. WWTP Cambria County Little Conemaugh River N Sewage 151 Cross St. Conemaugh S. Fork, PA 15956 Township

II. New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Actions Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707. NPDES Permit No. PA0087599, Sewage, Schuylkill Valley Bible Church, Bellmans Church Road, Dauberville, PA 19517. This proposed facility is located in Centre Township, Berks County. Description of Proposed Action/Activity: Cancellation of permit for wastewater treatment plant discharge. NPDES Permit No. PA0261416, Sewage, Reading Township Municipal Authority, 235 Browns Dam Road, New Oxford, PA 17350. This proposed facility is located in Reading Township, Adams County. Description of Proposed Action/Activity: Authorization to discharge to Conewago Creek in Watershed 7-F. NPDES Permit No. PA0261661, Sewage, Pravin and Mangla Patel, Red Carpet Inn, 2845 Lebanon Road, Manheim, PA 17545. This proposed facility is located in Rapho Township, Lancaster County. Description of Proposed Action/Activity: Authorization to discharge to UNT Shearers Creek in Watershed 7-G. III. WQM Industrial Waste and Sewerage Actions under The Clean Streams Law Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790 WQM Permit No. WQG022219, Sewerage, Hometown Li’L Wolf, LLC, 150 North Wacker Drive, Suite 2800, Chicago, IL 60606.

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This proposed facility is located in North Whitehall Township, Lehigh County. Description of Proposed Action/Activity: Issuance of Water Quality Management Permit for a pump station. Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone: 717-705-4707. WQM Permit No. 3811403, Sewerage, Union Township, 3111 State Route 72, Jonestown, PA 17038. This proposed facility is located in Union Township, Lebanon County. Description of Proposed Action/Activity: Permit approval for the construction and modifications of sewage facilities consisting of a new headworks with preliminary treatment and flow monitoring, a hybrid integrated fixed film activated sludge system for biological treatment, new final clarification, upgraded chlor/dechlorination and upgraded solid handling. WQM Permit No. 3811402, Sewerage, Heidelberg Township, PO Box 188, Schaefferstown, PA 17088. This proposed facility is located in Heidelberg Township, Lebanon County. Description of Proposed Action/Activity: Permit approval for the construction of sewage facilities consisting of 85,000 feet and 8, 10 and 12-inch gravity sewers, 2,130 feet of 4-inch ductile iron pipe (DIP) force main (FM), 9,400 feet of 6-inch DIP FM, 18,000 feet of 8-inch DIP FM. Additionally, 4 suction lift pumping stations and a number of individual grinder pumping units will be provided. WQM Permit No. 2211402, Sewerage, Hummelstown Borough, 136 S. Hanover Street, Hummelstown, PA 17036. This proposed facility is located in Hummelstown Borough, Dauphin County. Description of Proposed Action/Activity: Permit approval for upgrade of pump station No. 1. WQM Permit No. 2211403, Sewerage, Hummelstown Borough, 136 S. Hanover Street, Hummelstown, PA 17036. This proposed facility is located in Hummelstown Borough, Dauphin County. Description of Proposed Action/Activity: Permit approval for upgrade of pump station No. 2. WQM Permit No. 2211404, Sewerage, Hummelstown Borough, 136 S. Hanover Street, Hummelstown, PA 17036. This proposed facility is located in Hummelstown Borough, Dauphin County. Description of Proposed Action/Activity: Permit approval for upgrade of pump station No. 3. WQM Permit No. 0110401, Sewerage, Reading Township Municipal Authority, 235 Browns Dam Road, New Oxford, PA 17350. This proposed facility is located in Reading Township, Adams County. Description of Proposed Action/Activity: Permit approval for construction/operation of the Reading Township Lauchmans Bottom Sewage Treatment Plant. WQM Permit No. 3611401, Sewerage, Mangla & Pravin Patel, 2845 Lebanon Road, Manheim, PA 17545. This proposed facility is located in Rapho Township, Lancaster County. Description of Proposed Action/Activity: Permit approval for the construction/operation a sewage treatment plant to serve the Red Carpet Inn.

IV. NPDES Stormwater Discharges from MS4 Permit Actions

V. NPDES Waiver Stormwater Discharges from MS4 Actions

VI. NPDES Discharges of Stormwater Associated with Construction Activities Individual Permit Actions

Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790 NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAS10U131R Charles Chrin Northampton Palmer Twp. Bushkill Creek, 400 South Greenwood Ave. HQ-CWF, MF Easton, PA 18045 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Telephone 717-705-4707. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI033606005-R Martins Land Development LLC Lancaster East Earl Township and Black Ivan S. Martin Terre Hill Borough Creek/HQ-WWF 1537 Kramer Mill Road Denver, PA 17517

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Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

Allegheny County Conservation District, Lexington Technology Park, Building 1, Suite 102, 400 North Lexington Avenue, Pittsburgh, PA 15208. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI050211001 Aerotech, Inc. Allegheny O’Hara Township Squaw Run (HQ) David Kincel 101 Zeta Drive Pittsburgh, PA 15238-2897

VII. Approvals to Use NPDES and/or Other General Permits

The EPA Region III Administrator has waived the right to review or object to this permit action under the waiver provision in 40 CFR 123.23(d).

List of NPDES and/or Other General Permit Types PAG-1 General Permit for Discharges from Stripper Oil Well Facilities PAG-2 General Permit for Discharges of Stormwater Associated with Construction Activities (PAR) PAG-3 General Permit for Discharges of Stormwater from Industrial Activities PAG-4 General Permit for Discharges from Small Flow Treatment Facilities PAG-5 General Permit for Discharges from Gasoline Contaminated Ground Water Remediation Systems PAG-6 General Permit for Wet Weather Overflow Discharges from Combined Sewer Systems PAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Application PAG-8 General Permit for Beneficial Use of Nonexceptional Quality Sewage Sludge by Land Application to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-8 (SSN) Site Suitability Notice for Land Application under Approved PAG-8 General Permit Coverage PAG-9 General Permit for Beneficial Use of Residential Septage by Land Application to Agricultural Land, Forest or a Land Reclamation Site PAG-9 (SSN) Site Suitability Notice for Land Application under Approved PAG-9 General Permit Coverage PAG-10 General Permit for Discharge Resulting from Hydrostatic Testing of Tanks and Pipelines PAG-11 (To Be Announced) PAG-12 CAFOs PAG-13 Stormwater Discharges from MS4

General Permit Type—PAG-02 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Taylor Borough, PAG02003511023 Samuel Zampas UNT to Lackawanna Lackawanna Co. Lackawanna County 300 Market St. River, Cons. Dist. Johnstown, PA 15901 CWF, MF 570-281-9495 West Mahanoy Twp., PAG02005411013 JMB, Ltd. Mill Creek, Schuylkill Co. Schuylkill County Attn: John Rampolla CWF, MF Cons. Dist. 10 Gilberton Road 570-622-3742 Gilberton, PA 17934 Forks Twp., PAR10U157R Gary J. Strausser Unnamed Tributary Northampton Co. Northampton Co. Strausser Enterprises, Inc. to the Delaware Cons. Dist. 1108 Van Buren Rd. River, 610-746-1971 Easton, PA 18045 CWF,MF& Delaware River, WWF, MF Lower Paxton PAG02002206017R S&A Custom Homes, Inc. Beaver Creek/WWF Dauphin Co Township 2121 Old Gatesburg Road Conservation District Dauphin County Suite 200 1451 Peters State College, PA 16803 Mountain Rd Dauphin, PA 17018 717-921-8100

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Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Swatara Township PAG02002211017 Swatara Township Board Swatara Creek/WWF Dauphin Co Dauphin County of Commissioners Conservation District 599 Eisenhower Boulevard 1451 Peters Harrisburg, PA 17111 Mountain Rd Dauphin, PA 17018 717-921-8100 Greene Township PAG02002811025 Jere Stouffer Rowe Run Franklin Co Franklin County JSJ, LLC CWF/MF Conservation District 2485 Carbaugh Ave 185 Franklin Farm Chambersburg, PA 17202 Lane Chambersburg, PA 17201 717-264-5499 Greene Township PAG2002806058R Don Long Wilson Run Franklin Co Franklin County Long’s Subdivision TSF/MF Conservation District 6405 Nunnery Road 185 Franklin Farm Waynesboro, PA 17268 Lane Chambersburg, PA 17201 717-264-5499 Rapho Township PAG02003611071 Arlin L. Benner Little Chickies Lancaster Co Lancaster County 1103 Iron Bridge Road Creek/TSF Conservation District Mount Joy, PA 17552 1383 Arcadia Rd Rm 200 Lancaster, PA 17601 717-299-5361 Ext. 121 East Manchester PAG02006711042 Daniel Hayes UNT West Branch of York Co Conservation Township SCC-Canyon II, LLC Conewago Creek / District York County 401 Wilshire Blvd, STE 850 WWF 118 Pleasant Acres Santa Monica, CA 90401 Rd York, PA 17402-8984 717.840.7430

Northcentral Region: Watershed Management Program Manager, 208 W Third Street, Williamsport, Pa 17701 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Athens Township PAG02000811017 Richard Zentner Chemung River Bradford County Bradford County WPAX Ltd WWF Conservation District 1388 State Route 487 Stoll Natural Bloomsburg PA 17815 Resource Center 200 Lake Rd Ste E Towanda PA 18848 (570) 265-5539 X 120 Covington Township PAG02005911014 Shawn K. McCoy Tioga River Tioga County Tioga County 307 Fairfield Rd CWF Conservation District Montoursville PA 17754 50 Plaza Ln Wellsboro PA 16901 (570) 724-1801 Ext. 5 Ridgway Township PAG02 0024 11 Dickinson Center Inc Trib to Elk Creek Elk Conservation Elk County 003 110 Lincoln Street (Gallagher Run) District Ridgway PA 15853 CWF 814-776-5373 Fayette County, PAG02092611006 Bureau of Abandoned Mine Champion Creek PA DEP Saltlick Township Reclamation Watershed/CWF Cambria Office Cambria Office 286 Industrial Park 286 Industrial Park Road Road Ebensburg, PA 15931-4119 Ebensburg, PA 15931-4119 814-472-1800

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General Permit Type—PAG-3 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Falls Township PAR230094 Future Foam, Inc. Delaware River Southeast Region Bucks County 259 Canal Road through the Water Management Fairless Hills, PA 19030 Pennsylvania 484.250.5970 Canal—2E West Goshen PAR200009 Metallurgical Products Goose Creek—3G Southeast Region Township Company Water Management Chester County P. O. Box 598 484.250.5970 West Chester, PA 19381

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Pulaski Township PAR208305 Lane Enterprises Shenango River DEP Lawrence County 8271 Mercer Street 20-A NWRO Pulaski, PA 16143 Water Management 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942 Erie County PAR208339 TSK Partners Inc. Municipal storm DEP Erie City 1533 East 12th Street water tributaries to NWRO Erie, PA 16511 Lake Erie Outer Water Management Harbor 230 Chestnut Street 15 Meadville, PA 16335-3481 814/332-6942 Jefferson County PAR118337 Femco Machine Co. Unnamed tributary DEP Young Township 754 South Main St. to Machoning Creek NWRO Punxsutawney, PA 15767 17-D Water Management 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942 Mercer County PAR208336 CCL Container Corporation Unnamed tributary DEP Hermitage Borough One Llodio Drive to Shenango River NWRO Hermitage, PA 16148 20-A Water Management 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942 Butler County PAR308305 JSP International Bonnie Brook DEP Summit Township 150 East Brook Lane 20-C NWRO Butler, PA 16002 Water Management 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942 Butler County PAR608321 Saxonburg Boulevard Auto Bull Creek DEP Clinton Township Parts 18-A NWRO P. O. Box 152 Water Management Mars, PA 16046 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942

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Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Erie County PAR808351 Erie Sand & Gravel Co. Presque Isle Bay DEP City of Erie d/b/a/ Carmeuse Lime & Stone 15 NWRO Erie Sand & Gravel Operations Water Management 230 Chestnut Street Meadville, PA 16335-3481 814/332-6942 General Permit Type—PAG-4 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Upper Frederick PAG040134 T-1 Mark E. Jackson Unnamed Tributary Southeast Region Township 3234 Rockhill Road to Perkiomen Water Management Montgomery County Perkiomenville, PA 18074 Creek—3-E 484-250-5970 General Permit Type—PAG-7 Facility Location: Municipality & Applicant Name & Site Name & Contact Office & County Permit No. Address Location Phone No. Exeter Township PAG073518 Exeter Township Exeter Township DEP-SCRO Berks County 400 Hanover Street WWTP 909 Elmerton Avenue Birdsboro, PA 19508 400 Hanover Street Harrisburg, PA Birdsboro, PA 19508 17110-8200 717-705-4707 General Permit Type—PAG-8 (SSN) Facility Location: Municipality & Applicant Name & Site Name & Contact Office & County Permit No. Address Location Phone No. Knox Township PAG 08 Kyler Environmental Richard and Sandy NCRO Clearfield County 9908 1269 Piedmont Road Sloppy 570-327-0526 Somerset, PA 15501 Knox Township Clearfield County General Permit Type—PAG-10 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Sunoco Pipeline PAG100035 Sunoco Pipeline, L.P. Plymouth—3F Southeast Region Corson Lane 525 Fritztown Road Water Management Plymouth Meeting, Sinking Spring, PA 19608 484-250-5970 PA Plymouth Township Montgomery County General Permit Type—PAG-12 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Adams County / PAG123521 Eugene Nolt UNT Conestoga DEP—SCRO— Reading Township 143 Kurtz Road Creek / WWF / 7J Watershed New Holland, PA 17557 Management 909 Elmerton Avenue Harrisburg, PA 17110 717-705-4802

PUBLIC WATER SUPPLY PERMITS Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under sec- The Department has taken the following actions on tion 4 of the Environmental Hearing Board Act and 2 applications received under the Pennsylvania Safe Drink- Pa.C.S. §§ 501—508 and 701—704. The appeal should be ing Water Act (35 P. S. §§ 721.1—721.17) for the construc- sent to the Environmental Hearing Board, Second Floor, tion, substantial modification or operation of a public Rachel Carson State Office Building, 400 Market Street, water system. PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483.

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TDD users may contact the Board through the Pennsylva- Consulting Engineer James Cieri, Sr., P.E. nia Relay Service, (800) 654-5984. Appeals must be filed ACT ONE Consultants, Inc. with the Board within 30 days of publication of this 200 South 41st Street notice in the Pennsylvania Bulletin unless the appropri- Suite A ate statute provides a different time period. Copies of the Harrisburg, PA 17111 appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form Permit Issued October 31, 2011 and the Board’s rules of practice and procedure are also Description of Action Removal of the existing 750-gal. available in Braille or on audiotape from the Secretary to water storage tank and the the Board at (717) 787-3483. This paragraph does not, in installation of seven 204-gal. and of itself, create a right of appeal beyond that vertical water storage tanks permitted by applicable statutes and decisional law. connected in series to provide adequate time for 4-log removal For individuals who wish to challenge an action, the of viruses from drinking water appeal must reach the Board within 30 days. A lawyer is before it enters the distribution not needed to file an appeal with the Board. system, in compliance with the Important legal rights are at stake, however, so indi- Groundwater Rule. viduals should show this document to a lawyer at once. Southwest Region: Water Supply Management Program Persons who cannot afford a lawyer may qualify for free Manager, 400 Waterfront Drive, Pittsburgh, Pa 15222- pro bono representation. Call the Secretary to the Board 4745 at (717) 787-3483 for more information. Operations Permit issued to: Cowanshannock SAFE DRINKING WATER Township Municipal Authority, Box 127, NuMine, PA 16244, (PWSID #5030047) Cowanshannock Township, Actions taken under the Pennsylvania Safe Drink- Armstrong County on October 26, 2011 for the opera- ing Water Act tion of facilities approved under Construction Permit # 0310511MA. Northcentral Region: Water Supply Management Pro- Operations Permit issued to: Pittsburgh Water & gram Manager, 208 West Third Street, Williamsport, PA Sewer Authority, 1200 Penn Avenue, Pittsburgh, PA 17701 15222, (PWSID #5020038) City of Pittsburgh and O’Hara Township, Allegheny County on October 26, 2011 for Permit No. Minor Amendment—Construction Pub- the operation of facilities approved under Construction lic Water Supply. Permit # 0209506. Applicant Sweithelm’s General Store Operations Permit issued to: Rolling Rock Farms, [Township or Borough] Union Township PO Box 717, Ligonier, PA 15658, (PWSID #5650390) Ligonier Township, Westmoreland County on October County Tioga 26, 2011 for the operation of facilities approved under Responsible Official Ms. Debra Vought Construction Permit # 6507502. Sweithelm’s General Store Operations Permit issued to: Greater Johnstown 3004 Ogdensburg Road Water Authority, 640 Franklin Street, Johnstown, PA Roaring Branch, PA 17765 15901, (PWSID #4110014) West Taylor Township, Type of Facility Public Water Supply Cambria County on October 26, 2011 for the operation of facilities approved under Construction Permit # Consulting Engineer William S. Bray, P.E. 1109505. P. O. Box 535 Wellsboro, PA 16901 Northwest Region: Water Management Program Man- ager, 230 Chestnut Street, Meadville, PA 16335-3481 Permit Issued November 1, 2011 Operations Permit issued to Mt. Jewett Borough Description of Action Construction of a nitrate removal Authority, PWSID #6420018, Mt. Jewett Borough, system. The system will consist McKean County. Permit Number 8444W-T1-MA2 issued of a brine tank and Hydro-Quad August 1, 2011 for the operation of the liquid sodium treatment unit, including hypochlorite chemical feed system which replaces the gas activated carbon treatment, chlorination system. This permit is issued in response to softening, clarification, and an operation inspection conducted by Department of quartz filtration. Environmental Protection personnel on July 18, 2011. Permit No. Minor Amendment—Construction Pub- Transfer of Operations Permit issued to John and lic Water Supply. Mildred Chrzanowski d/b/a Hemlock Mobile Home Applicant GSP Management Company Park, PWSID #6430072, Wolf Creek Township, Mercer County on October 18, 2011. Action is for change in [Township or Borough] Fairfield Township ownership; the potable water supplier will do business as County Lycoming Hemlock Mobile Home Park. The new permit number is 4303503-T2. Responsible Official Ms. Leanne Heller Operations Manager Transfer of Operations Permit issued to Mt. Jewett GSP Management Company Borough, PWSID #6420018, Mt. Jewett Borough, P. O. Box 677 McKean County on October 25, 2011. Action is for Morgantown, PA 19543 change in ownership; the potable water supplier will do business as Mt. Jewett Borough. The new permit number Type of Facility Public Water Supply is 4296502-T1.

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Operations Permit issued to S-2 Properties, Inc., For further information concerning plans or reports, d/b/a Pine Valley Estates, PWSID #5100040, Jackson/ contact the environmental cleanup program manager in Lancaster Township, Butler County. Permit Number the Department regional office under which the notice of 1011506 issued October 27, 2011 for the operation of a receipt of plans or reports appears. If information con- Public Water Supply. cerning plans or reports is required in an alternative SEWAGE FACILITIES ACT PLAN APPROVAL form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Plan Approvals Granted Under the Pennsylvania Department through the AT&T Relay Service at (800) Sewage Facilities Act (35 P. S. § 750.5) 654-5984. The Department has received the following plans and Southcentral Region: Water Management Program Man- reports: ager, 909 Elmerton Avenue, Harrisburg, PA 17110. Tele- phone: 717-705-4707. Southeast Region: Environmental Cleanup Program Plan Location: at the intersection of Fisher Avenue and Manager, 2 East Main Street, Norristown, PA 19401 William Penn Highway Russell Property City of Philadelphia, Philadel- Borough or Borough or Township phia County. Richard D. Trimpi, Trimpi Associates, Inc. Township Address County 1635 Old Plains Road, Pennsburg, PA 18073, George Mecleary, State Farm, PO Box 8061, Ballston Spa, NY East 1117 School House Rd Lebanon 12020-8061 on behalf of Norman Russell, 206 East Hanover Annville PA 17003 County Clearfield Street, Philadelphia, PA 19134 has submitted a Township Final Report concerning remediation of site soil contami- Plan Description: The approved plan, in the name of nated with no. 2 fuel oil. The report is intended to Amish Markets at Indiantown Gap, provides for a retail document remediation of the site to meet the Statewide market with peak daily sewage flows of 13,000 gallons Health Standard. per day. The treatment plant is planned to discharge into Simone Residence, Norristown Borough, Montgom- Indiantown Run. The Department’s review of the sewage ery County. Charles Burger, Mountain Research, LLC, facilities update revision has not identified any significant 825 25th Street, Altoona, PA 16602, Jason Bean, 309 environmental impacts resulting from this proposal. Any Lakeside Drive, Suite 100, Horsham PA 19044 on behalf required NPDES Permits or WQM Permits must be of Maria Simone, 221 Bryan Road, Norristown PA 19401 obtained in the name of the property owner. has submitted a Final Report concerning remediation of LAND RECYCLING AND site soil contaminated with no. 2 fuel oil. The report is intended to document remediation of the site to meet the ENVIRONMENTAL REMEDIATION Statewide Health Standard. UNDER ACT 2, 1995 Meehan Oil Company Facility, Upper Darby Town- PREAMBLE 2 ship, Delaware County. Andrew K. Markoski, P.G., Patriot Environmental Management, LLC, PO Box 629, The following plans and reports were submitted Douglassville, PA 19518 on behalf of Barry Miller, under the Land Recycling and Environmental Meenan Oil Company, L.P., PO Box 659, Douglasville, PA Remediation Standards Act (35 P. S. §§ 6026.101— 19518 has submitted a Final Report concerning remedia- 6026.907). tion of site groundwater and soil contaminated with no. 2 fuel oil. The report is intended to document remediation Provisions of Sections 301—308 of the Land Recycling of the site to meet the Site Specific Standard. and Environmental Remediation Standards Act (act) (35 P. S. §§ 6026.301—6026.308) require the Department to McAtee Residence, East Norriton Township, Mont- publish in the Pennsylvania Bulletin a notice of submis- gomery County. Staci Cottone, J&J Spill Services and sion of plans and reports. A final report is submitted to Supplies, Inc., PO Box 370, Blue Bell, PA 19422 on behalf document cleanup of a release of a regulated substance at of Susan McAtee, 3012 Stony Creek Road, Norristown, PA a site to one of the act’s remediation standards. A final 19401 has submitted a Final Report concerning remedia- report provides a description of the site investigation to tion of site soil contaminated with no. 2 fuel oil. The characterize the nature and extent of contaminants in report is intended to document remediation of the site to environmental media, the basis for selecting the environ- meet the Statewide Health Standard. mental media of concern, documentation supporting the 26th & Penrose Avenue Site, City of Philadelphia, selection of residential or nonresidential exposure factors, Philadelphia County. Craig Herr, RT Environmental a description of the remediation performed and summa- Services, Inc., 215 Church Road, King of Prussia, PA ries of sampling analytical results which demonstrate 19406 on behalf of Steve D ’Angelo, Danbro, L.P., 3700 that remediation has attained the cleanup standard se- South 26th Street, Philadelphia, PA 19145 has submitted lected. Submission of plans and reports, other than the a Final Report/Remedial Investigation Report concerning final report, will also be published in the Pennsylvania remediation of site groundwater contaminated with mtbe Bulletin. These include the remedial investigation report, and organics. The report is intended to document risk assessment report and cleanup plan for a site-specific remediation of the site to meet the Site Specific Standard. standard remediation. A remedial investigation report includes conclusions from the site investigation; concen- Weinberger Family Trust Fund, Upper Dublin tration of regulated substances in environmental media; Township, Montgomery County. Michael A. Christie, benefits of reuse of the property; and, in some circum- Penn Environmental & Remediation, 2755 Bergey Road, stances, a fate and transport analysis. If required, a risk Hatfield, PA 19440 on behalf of Marc Weinberg, Weinberg assessment report describes potential adverse effects Family Trust, 803 Camarillo Road, Suite C, Camarillo, caused by the presence of regulated substances. If re- CA 93012 has submitted a Final Report concerning quired, a cleanup plan evaluates the abilities of potential remediation of site soil and groundwater contaminated remedies to achieve remedy requirements. with chlorinates solvents. The report is intended to

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6130 NOTICES document remediation of the site to meet the Statewide Harrisburg, PA 17111, on behalf of River Chase Associ- Health Standard and Site Specific Standard. ates, c/o Vision Properties, LLC, 633 West Germantown Ridge Pike Lumber Company, Plymouth Township, Pike, Suite 104, Plymouth Meeting, PA 19462, submitted Montgomery County. Staci Cottone, J&J Spill Service a Final Report concerning remediation of site soils con- and Supplies, Inc., PO Box 370, Blue Bell, PA 19422 on taminated with waste oil. The report is intended to behalf of David Madway, Home Center Realty, 1104 Saint document remediation of the site to meet the residential Andrews Road, Bryn Mawr, PA 19010 has submitted a Statewide Health Standard, and was submitted within 90 Final Report concerning remediation of site soil contami- days of the release due to flooding. nated with petroleum. The report is intended to document SACA Development Corporation/The Porches at remediation of the site to meet the Statewide Health North and Locust, 421-431 Locust Street & 422-434 Standard. North Street, Lancaster, PA 17602, City of Lancaster, Lattari Residence, City of Philadelphia, Philadel- Lancaster County. GCI Environmental Services, 1250 phia County. Charles Burger, Mountain Research, LLC, East King Street, Lancaster, PA 17602, on behalf of SACA 825 25th Street, Altoona, PA 16601, Karen Washko, Development Corporation, 453 South Lime Street, Suite Longacre Appraisal & Adjustments, 5339 Woodland Av- B, Lancaster, PA 17603, submitted a Remedial Investiga- enue, Philadelphia, PA 19143 on behalf of Lattari Resi- tion and Final Report concerning remediation of site soils dence, 2623 South 16th Street, Philadelphia, PA 19145 contaminated with inorganics. The report is intended to has submitted a Final Report concerning remediation of document remediation of the site to meet the Site Specific site soil contaminated with no. 2 fuel oil. The report is Standard. intended to document remediation of the site to meet the Campus Oral Surgery, 1000 Rohrerstown Road, Statewide Health Standard. Lancaster, PA 17601, East Hempfield Township, Lan- DuPont Marshall Laboratory Site, City of Philadel- caster County. Reliance Environmental, Inc., 130 East phia, Philadelphia County. Matthew Brill, URS Corpo- Chestnut Street, Lancaster, PA 17602, on behalf of Cam- ration, 335 Commerce Drive, Suite 300, Fort Washington, pus Oral Surgery, 2100 Harrisburg Pike, Suite 22, Pa 19034, David Kistner, URS Corporation, 335 Com- Lancaster, PA 17604, submitted a Final Report concerning merce Drive Suite 300, Fort Washington, PA 19034 on remediation of site soils contaminated with No. 2 fuel oil. behalf of Sathya Yalvigi, E .I. Du Pont de Nemours and The report is intended to document remediation of the Company Marshall Laboratory, 3401 Grays Ferry Avenue, site to meet the residential Statewide Health Standard. Philadelphia, PA 19146 has submitted a Final Report Southwest Region: Environmental Cleanup Program concerning remediation of site soil and groundwater Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- contaminated with inorganic and lead. The report is 4745 intended to document remediation of the site to meet the Kovalchick Salvage Yard—Wayne Avenue Proper- Site Specific Standard. ties, White Township, Indiana County. L. Robert Chelsea Tank Farm, Upper Chichester Township, Kimball & Associates Inc., 615 Highland Avenue, Delaware County. Chrissy Piechoski, Antea Group, 780 Ebensburg, PA 15931 on behalf of Gary Taylor, Common- East Market Street, Suite 120, West Chester, PA 19382, wealth of Pennsylvania, Department of General Services, Timothy Jenesky, Antea Group, 780 East Market Street, Bureau of Engineering and Architecture, Room 201, 18th Suite 120, West Chester, PA 19382, on behalf of Randy and Herr Streets, Harrisburg, PA 17120 and Victor Piro, Coil, Atlantic Richfield Company, A BP Products North Commonwealth of Pennsylvania, Department of General America Inc., Affiliated Company, 501 Westlake Park Services, Bureau of Real Estate, Room 500, North Office Blvd, Houston, TX 77079 has submitted a Remedial Building, Harrisburg, PA 17125 has submitted a Final Investigation/Risk Assessment and Final Report concern- Report for TCE in Groundwater at the Kovalchick Sal- ing remediation of site soil and groundwater contami- vage Yard - Wayne Avenue Properties. The Final Report nated with jet fuel. The report is intended to document intends to demonstrate attainment of the site specific remediation of the site to meet the Site Specific Standard. standard. An environmental covenant with activity and Northeast Region: Eric Supey, Environmental Cleanup use restrictions will be executed for the Property. Program Manager, 2 Public Square, Wilkes-Barre, PA LAND RECYCLING AND 18711-0790. ENVIRONMENTAL REMEDIATION Ateeco, Inc. (Former Mrs. T’s Pierogies), 600 East Center Street, Shenandoah Borough, Schuylkill County. UNDER ACT 2, 1995 Iain G. Barton, EMS Environmental, Inc., 4550 Bath PREAMBLE 3 Pike, Bethlehem, PA 18017 has submitted a Final Report (on behalf of his client, Ateeco, Inc., P. O. Box 606, The Department has taken action on the following Shenandoah, PA 17976), concerning the remediation of plans and reports under the Land Recycling and soil found to have been impacted by mineral oil as a Environmental Remediation Standards Act (35 result of a release from an electrical transformer which P. S. §§ 6026.101—6026.907). was caused by a suspected act of vandalism. The report was submitted to document attainment of the Residential Section 250.8 of 25 Pa. Code and administration of the Statewide Health Standard for soil. A public notice re- Land Recycling and Environmental Remediation Stan- garding the submission of the Final Report was expected dards Act (act) require the Department to publish in the to be published in The Republican Herald on October 19, Pennsylvania Bulletin a notice of its final actions on plans 2011. and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to Southcentral Region: Environmental Cleanup Program one of the remediation standards of the act. A final report Manager, 909 Elmerton Avenue, Harrisburg, PA 17110 provides a description of the site investigation to charac- River Chase Property, 4431 North Front Street, terize the nature and extent of contaminants in environ- Harrisburg, Susquehanna Township Dauphin County. mental media, the basis of selecting the environmental Herbert, Rowland & Grubic, Inc., 369 East Park Drive, media of concern, documentation supporting the selection

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6131 of residential or nonresidential exposure factors, a de- CBS Corporation, Forest Hills, Allegheny County. scription of the remediation performed and summaries of Cummings Riter Consultants, Inc. 10 Duff Road, Pitts- sampling methodology and analytical results which dem- burgh PA 15235 on behalf of CBS Corporation, Avenue A onstrate that the remediation has attained the cleanup and West Street, Forest Hills PA 15221 has submitted a standard selected. Plans and reports required by the act Remedial Investigation Report concerning the remedia- for compliance with selection of remediation to a site- tion of site soil and groundwater contaminated with specific standard, in addition to a final report, include a volatile organics, inorganics and PCB’s. The Remedial remedial investigation report, risk assessment report and Investigation Report was approved on October 11, 2011. cleanup plan. A remedial investigation report includes conclusions from the site investigation; concentration of AIR QUALITY regulated substances in environmental media; benefits of reuse of the property; and, in some circumstances, a fate General Plan Approval and Operating Permit Usage and transport analysis. If required, a risk assessment Authorized under the Air Pollution Control Act report describes potential adverse effects caused by the (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter presence of regulated substances. If required, a cleanup 127 to construct, modify, reactivate or operate air plan evaluates the abilities of potential remedies to contamination sources and associated air clean- achieve remedy requirements. A work plan for conducting ing devices. a baseline remedial investigation is required by the act Southeast Region: Air Quality Program, 2 East Main for compliance with selection of a special industrial area Street, Norristown, PA 19401 remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environ- Contact: Sachin Shankar, New Source Review Chief— mental report to establish a reference point to show Telephone: 484-250-5920 existing contamination, describe proposed remediation to GP1-23-0153: Delaware County Fair Acres Com- be done and include a description of existing or potential plex (P. O. Box 496, Lima, PA 19037) on October 24, public benefits of the use or reuse of the property. The 2011, to construct and operate (1) one unit of a small Department may approve or disapprove plans and reports natural gas/#2 fuel oil fired boiler in Middletown Town- submitted. This notice provides the Department’s decision ship, Delaware County. and, if relevant, the basis for disapproval. GP3-09-0104: Mount Materials, LLC. (100 Pipe Mill For further information concerning the plans and re- Road, Fairless Hills, PA 19030) on October 27, 2011, to ports, contact the environmental cleanup program man- construct and operate a portable nonmetallic mineral ager in the Department regional office under which the processing plant in Falls Township, Bucks County. notice of the plan or report appears. If information concerning a final report is required in an alternative GP9-09-0032: Mount Materials, LLC. (100 Pipe Mill form, contact the community relations coordinator at the Road, Fairless Hills, PA 19030) on October 27, 2011, to appropriate regional office. TDD users may telephone the construct and operate a diesel/#2 fuel-fired internal com- Department through the AT&T Relay Service at (800) bustion engine(s) in Falls Township, Bucks County. 654-5984. GP9-46-0050: Valley Forge, Inc. (462 Glennie Circle, The Department has received the following plans and King of Prussia PA 19406) on October 28, 2011, to reports: construct and operate a diesel/#2 fuel-fired internal combustion engine(s) in Upper Merion Township, Montgom- Southcentral Region: Environmental Cleanup Program ery County. Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Northwest Region: Air Quality Program, 230 Chestnut PA Army National Guard Chambersburg Armory, Street, Meadville, PA 16335-3481 1010 Lincoln Highway, (Route 30 West), Chambersburg, PA 17201, Hamilton Township, Franklin County.PA Contact: Edward Orris, New Source Review Chief— Department of Military & Veterans Affairs, Fort Telephone: 814-332-6636 Indiantown Gap, Bldg. 0-11, Annville, PA 17003, submit- GP5-10-367A: Keystone Midstream Services LLC— ted a Final Report concerning remediation of site soils Voll Compressor Station (Woodlands Road, Con- and groundwater contaminated with heating oil. The noquenessing, PA 16027) on October 24, 2011, to operate Final Report demonstrated attainment of the Residential three (3) natural gas fired compressor engines, two (2) Statewide Health standard, and was approved by the 0.25 MMBtu/hr capacity natural gas fired tank heaters, Department on October 24, 2011. and two (2) 400 bbl (16,800 gal) capacity condensate Northcentral Region: Environmental Cleanup Program storage tanks (BAG-GPA/GP-5) in Connoquenessing Manager, 208 West Third Street, Williamsport, PA 17701 Township, Butler County. Fred Neece Property, Muncy Township, Lycoming Plan Approvals Issued under the Air Pollution Con- County. GeoServices, Ltd. 1525 Cedar Cliff Drive, Camp trol Act and regulations in 25 Pa. Code Chapter Hill PA 17701 on behalf of Fred Neece, 1642 Highway 127, Subchapter B relating to construction, modi- 220, Muncy, PA 17756 has submitted a Final Report fication and reactivation of air contamination concerning the remediation of site soil contaminated with sources and associated air cleaning devices. benzene, toluene, ethylbenzene, methyl tert— butyl ether (MTBE), isopropylbenzene (cumene), naphthalene, 1, 2, Southeast Region: Air Quality Program, 2 East Main 4-trimethylbenzee and 1, 3, 5- trimethylbenzene. Street, Norristown, PA 19401 The Final report demonstrated attainment of the State- Contact: Sachin Shankar, New Source Review Chief— wide Health Standard and was approved by the Depart- Telephone: 484-250-5920 ment on October 25, 2011. 23-0003T: ConocoPhillips (4101 Post Road, Trainer, Southwest Region: Environmental Cleanup Program PA 19061) on October 27, 2011, to install a reduced Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- volatility Alkylation process (Re-VAP) technology and 4745 perform maintenance related activities to the existing

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Alkylation unit located at 4101 Post Road, Trainer Bor- submitted by the permittee, and approved by the Depart- ough, Delaware County. This plan approval will author- ment, a source that is subject to both the provisions of 25 ize the construction of the project, and the transfer and Pa. Code § 129.58 and either federal LDAR requirement, use of volatile organic compound (VOC) and nitrogen satisfies the requirements of 25 Pa. Code § 129.58 by oxides (NOx) emission reduction credits (ERCs). The complying with the provisions of the applicable federal project is described in the Applicant’s application of LDAR standard. Therefore, each component at the facility November 14, 2010 and subsequent submissions. that is subject to an LDAR requirement under state or Based on the information provided by the Applicant federal regulations complies with applicable LDAR stan- and DEP’s own analysis, the project will increase emis- dards by implementing an LDAR program consistent with sions of 1.78 tons VOC per year, and 1.74 tons NOx per the single designated regulatory program. The fugitive year. The required ERCs to offset the contemporaneous monitoring plan developed and maintained on-site by the emission increases are 34.55 tons VOC and 138.24 tons permittee identifies which portions of each unit are NOx. subject to fugitive Sources IDs #114, 128, or 215. This section of the permit identifies applicable standards for Copies of the application, draft Plan Approval and other Source ID #114, which satisfies LDAR obligations through documents used in evaluation of the application are compliance with the provisions of 25 Pa. Code § 129.58. available for public inspection during normal business • hours at the address shown below. Prior to the issuance of the Operating Permit, the permittee shall provide to the Department a list of the In order to assure compliance with the applicable equipment that is subject to the NSPS Subpart GGGa, standards, DEP will place the following conditions on the the applicable requirements for the equipment, and the plan approval: methods of complying the requirements. 25 Pa. Code § 127.208—ERC use and transfer require- Any person wishing to provide DEP with additional ments information they believe should be considered prior to the • The permittee shall use and transfer ERC in accord- issuance of the Plan Approval may submit the informa- ance with 25 Pa. Code § 127.208. 25 Pa. Code § 127.210— tion to the address shown below. Each written comment Offset ratios shall include the following: • The permittee shall provide VOC ERC at a 1.3:1.0 1) Name, address and telephone number of the person ratio to offset the VOC net emissions increase of 26.58 submitting the comments. tons as per 25 Pa. Code §§ 127.203(b)(1)(ii), 127.205(3), 2) Identification of the proposed Plan Approval No. and 127.210. The requirement VOC ERC is 34.55 tons. 23-0003T. • The permittee shall provide VOC ERC at a 1.3:1.0 3) Concise statement regarding the relevancy of the ration to offset the VOC net emission increase of 106.34 information or any objections to issuance of the Plan tons as per 25 Pa. Code §§ 127.205(3) and 127.210. The Approval. required NOx ERC is 138.24 tons. 25 Pa. Code § 127.12b—Plan approval terms and condi- Requests for a public fact finding conference or hearing tions may also be made by writing DEP at the address shown below. A public conference may be held, if DEP in its • The requirements for Source ID 034 in current TVOP discretion decides that such a conference is warranted on No. 23-00003 apply. the basis of the information received. All persons who • The requirements for Source ID 035 in current TVOP have submitted comments or have requested a conference No. 23-00003 apply. will be notified of the decision to hold such a conference by publication in this newspaper or the Pennsylvania • The requirements for Source ID 106 in current TVOP Bulletin, or by telephone, where DEP determines such No. 23-00003 apply. notification by telephone is sufficient. • The requirements for Source ID 111 in current TVOP James Rebarchak, Regional Manager, Air Quality, De- No. 23-00003 apply. partment of Environmental Protection, Southeast Re- • The requirements for Source ID 114 in current TVOP gional Office, 2 East Main Street, Norristown, PA 19401 No. 23-00003 apply. For additional information, please contact Mr. Sachin • The requirements for Source ID 128 in current TVOP Shankar at 484-250-7501 No. 23-00003 apply. 46-0032G: SPS Technologies, Inc. (301 Highland • The requirements for Source ID 136 in current TVOP Avenue, Jenkintown, PA 19046) on October 28, 2011, to No. 23-00003 apply. install a vapor degreaser that uses n-propyl bromide as a cleaning agent, at an aerospace parts manufacturing • The Alkylation unit and associated equipment shall facility at Highland Avenue Abington Township, Mont- be operated in accordance with 40 CFR Part 60, Subpart gomery County. Based on the information provided by GGGa—Standards of Performance for Equipment Leaks the applicant and DEP’s own analysis, the degreaser may of VOC in Petroleum Refineries for Which Construction, emit: 11.32 tons per year of n-propyl bromide (nPB). Reconstruction, or Modification Commenced After Novem- N-propyl bromide is a Volatile Organic Compound. Emis- ber 7, 2006. sions of nPB will be controlled by a working mode cover, a • The Alky unit and associated equipment are subject freeboard refrigeration device and a superheated vapor. to the leak detection and repair (LDAR) requirements The Plan Approval and Operating Permit will contain applicable to fugitive sources at petroleum refineries, additional recordkeeping and operating restrictions de- specified in 25 Pa. Code § 129.58. Certain of these compo- signed to keep the facility operating within all applicable nents may also be subject to federal LDAR requirements air quality requirements. The facility currently has a established under 40 CFR 60, Subpart VVa (through Title V Operating Permit No. 46-00032. The Plan Ap- Subpart GGGa), or 40 CFR 63, Subpart CC, as appropri- proval will subsequently be incorporated into the Title V ate. In accordance with an alternative monitoring plan Operating Permit through an administrative amendment

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6133 in accordance with 25 Pa. Code Section 127.450. Further Title V Operating Permits Issued under the Air details on the conditions are available upon request. Pollution Control Act and 25 Pa. Code Chapter Northwest Region: Air Quality Program, 230 Chestnut 127, Subchapter G. Street, Meadville, PA 16335-3481 Southeast Region: Air Quality Program, 2 East Main Contact: Edward Orris, New Source Review Chief— Street, Norristown, PA 19401 Telephone: 814-332-6636 10-374A: Three Rivers Aggregates, LLC—Black’s Contact: Janine Tulloch-Reid, Facilities Permitting Run Plant (225 North Shore Drive, Pittsburgh, PA Chief—Telephone: 484-250-5920 15212) on October 27, 2011, to relocate an existing sand 23-00043: Sunoco Partners Marketing and Termi- and gravel plant to 144 Brandon Road, Slippery Rock, PA nals, LP—Hog Island Wharf (4 Atlantic Highway, in Worth Township, Butler County. The plant will be Essington, PA 19029) on October 28, 2011, for renewal of capable of producing 450 tons per hour and will consist of the Title V Operating Permit which was initially issued various crushers, screens, conveyors and stackers. on April 12, 2000 for their facility which is a marine 16-132I: Clarion Boards, Inc. (143 Fiberboard Road, cargo-handling terminal in Tinicum Township, Delaware Shippenville, PA 16254), on October 24, 2011, to modify County. No changes have taken place at this facility that NOx emission limits associated with the RTO in Paint were not previously permitted. The renewal contains Township, Clarion County. This is a Title V facility. monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all appli- 20-305A: Crawford Renewable Energy, LLC (Key- cable air quality requirements. stone Regional Industrial Park, Greenwood Township, PA 16335) on October 24, 2011, to construct a tire-derived- Operating Permits for Non-Title V Facilities Issued fuel fired power generation facility that is designed to under the Air Pollution Control Act and 25 generate up to 100 MW gross, 90 MW net of electrical Pa. Code Chapter 127, Subchapter F. power using circulating fluidized bed boiler technology in Greenwood Township, Crawford County. This is a Title Southcentral Region: Air Quality Program, 909 V facility. Elmerton Avenue, Harrisburg, PA 17110 37-317B: Ellwood Mill Products (712 Moravia Street, Contact: Thomas J. Hanlon, Chief, East Permitting New Castle, PA 16101), on October 21, 2011, to construc- Section—Telephone: 717-705-4862 or Daniel Husted, tion a natural gas-fired forge furnace with a total heat Chief, West Permitting Section—Telephone: 717-705-4863 input of 26.4 mmbtu/hr in New Castle City, Lawrence County. This is a State Only facility. 28-05019: New Enterprise Stone & Lime Co., Inc.— dba Valley Quarries, Inc. (169 Quarry Road, Chambers- Plan Approval Revisions Issued including Exten- burg, PA 17201-9099) on October 24, 2011, for their sions, Minor Modifications and Transfers of Own- Chambersburg blacktop plant in Guilford Township, ership under the Air Pollution Control Act and 25 Franklin County. The State-only permit was renewed. Pa. Code §§ 127.13, 127.13a and 127.32. 22-05036: Millersburg Area School District (799 Southwest Region: Air Quality Program, 400 Waterfront Center Street, Millersburg, PA 17061-1411) on October 19, Drive, Pittsburgh, PA 15222-4745 2011, for their coal-fired boilers at the Millersburg High School in Millersburg Borough, Dauphin County. The Contact: M. Gorog & B. Hatch, Environmental Engineer State-only permit was renewed. Managers—Telephone: 412-442-4163/5226 Southwest Region: Air Quality Program, 400 Waterfront 32-00040B: RRI Energy Wholesale Generation, Drive, Pittsburgh, PA 15222-4745 LLC (121 Champion Way, Suite 200, Canonsburg, PA 15317) on October 21, 2011, for a minor plan approval Contact: Barbara Hatch, Facilities Permitting Chief— modification to construct and operate an auxiliary fuel Telephone: 412-442-4174 (coal refuse) storage barn at the GenOn Seward Generat- 26-00353: Bute Coal Recovery LLC (195 Enterprise ing Station, a Title V facility in East Wheatfield Town- Lane, Connellsville, PA 15425) on October 27, 2011, to ship, Indiana County. The fuel barn is subject to operate the Bute Prep Plant. The operation of the 250 ton applicable conditions included in the modified plan ap- per hour facility’s air contamination sources, consisting of proval and applicable provisions of 40 CFR Part 60 one 150 tph wet screen, one 250 tph wet screen, one Subpart Y-Standards of Performance for Coal Preparation heavy media bath/cyclone, conveyers, and storage piles, and Processing Plants. The emission increases associated emit 17.19 tons per year of PM10. The facility is limited with installation and operation of this source will not to a maximum opacity from any processing equipment of exceed 0.29 tons of PM, 0.1 tons of PM10, and 0.02 tons 20 percent. The facility is subject to the applicable of PM2.5. The emissions increases do not constitute a requirements of Pa. Code Title 25, Chapters 121—145, significant or net significant emissions increase, and do and 40 CFR 60, Subpart Y. The permit also includes not trigger PSD or NSR at the facility. The plan approval emission limitations, operational requirements, monitor- has been extended. The Plan Approval expires on April ing requirements, and recordkeeping requirements for the 11, 2012. facility located in Dunbar Township, Fayette County. 32-00040B: GenOn Wholesale Generation, LLC (121 Champion Way, Suite 200, Canonsburg, PA 15317) on Operating Permit Revisions Issued including Ad- October 11, 2011, with an expiration date of April 11, ministrative Amendments, Minor Modifications or 2012, to allow for continued temporary operation of the Transfers of Ownership under the Air Pollution sources covered under this plan approval at the GenOn Control Act and 25 Pa. Code §§ 127.412, 127.450, Seward Generating Station located in East Wheatfield 127.462 and 127.464. Township, Indiana County. The Seward Generating Station is a Title V facility. The plan approval has been Southeast Region: Air Quality Program, 2 East Main extended. Street, Norristown, PA 19401

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Contact: Janine Tulloch-Reid, Facilities Permitting PA 15936, permit renewal for the continued operation and Chief—Telephone: 484-250-5920 restoration of a bituminous surface and auger mine in 23-00003: ConocoPhillips Co. (4101 Post Road, Shade Township, Somerset County, affecting 63.6 acres. Trainer, PA 19061) on October 28, 2011, for their refinery Receiving stream(s): unnamed tributaries to Oven Run in Trainer Borough, Delaware County. The operating and Stonycreek River classified for the following use(s): permit was administratively amended to incorporate the cold water fishery. The first downstream potable water requirements of Plan Approval No. 23-0003M. The supply intake from the point of discharge is Hooversville amended operating permit contains the applicable regula- Borough Municipal Authority Mine is within 1/2 mile of tory requirements including testing, monitoring, record- Wilbur Community Water Company. Application received: keeping, and emission limits. September 28, 2010. Permit issued: October 11, 2011. 56100106 and NPDES No. PA0263095. PBS Coals, De Minimis Emissions Increases Authorized under Inc., P. O. Box 260, 1576 Stoystown Road, Friedens, PA 25 Pa. Code § 127.449. 15541, commencement, operation and restoration of a bituminous surface and auger mine in Jenner Township, Southcentral Region: Air Quality Program, 909 Somerset County, affecting 122.9 acres. Receiving Elmerton Avenue, Harrisburg, PA 17110 stream(s): unnamed tributaries to Hoffman Run and Contact: Thomas J. Hanlon, Chief, East Permitting unnamed tributaries to Quemahoning Creek classified for Section—Telephone: 717-705-4862 or Daniel Husted, the following use(s): cold water fishery. The first down- Chief, West Permitting Section—Telephone: 717-705-4863 stream potable water supply intake from the point of discharge is Quemahoning Reservoir—Somerset Author- 05-05026: Steckman Ridge, LP (5400 Westheimer ity. The permit includes a Chapter 105 stream encroach- Court, Houston, TX 77056). Per 25 Pa. Code § 127.449(i), ment permit for a haul road crossing of an unnamed this Notice is for the following de minimis emission tributary to Hoffman Run designated as Unnamed Tribu- increase at the Steckman Ridge Compressor Station tary ‘‘F’’. Application received: November 2, 2010. Permit (Quarles 1709 OG well site) located in Monroe Township, issued: October 19, 2011. Bedford County. Less than 1 tpy VOC from improve- ment/modification to slug catcher drain system. This is Greensburg District Mining Office: Armbrust Profes- the first de minimis increase at the facility during the sional Center, 8205 Route 819, Greensburg, PA 15601, term of current permit. 724-925-5500 ACTIONS ON COAL AND NONCOAL 03060103 and NPDES Permit No. PA0250911. Black Rock Coal Co., Inc. (1107 University Drive, MINING ACTIVITY APPLICATIONS Dunbar, PA 15431). Permit revised to add Bedrock Mines, LP, as a contract miner to an existing bituminous surface Actions on applications under the Surface Mining mining site located in Burrell Township, Armstrong Conservation and Reclamation Act (52 P. S. County, affecting 75.3 acres. Receiving stream: unnamed §§ 1396.1—1396.19a); the Noncoal Surface Mining tributary to Crooked Creek. Application received: Septem- Conservation and Reclamation Act (52 P. S. ber 12, 2011. Revised permit issued: October 24, 2011. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51— 03050102. Amerikohl Mining, Inc. (202 Sunset Drive, 30.66); and The Bituminous Mine Subsidence and Butler, PA 16001). Renewal permit issued for reclamation Land Conservation Act (52 P. S. §§ 1406.1— only of an existing bituminous surface mine, located in 1406.20a). The final action on each application Rayburn Township, Armstrong County, affecting 37 also constitutes action on the NPDES permit acres. Receiving streams: unnamed tributaries to application and, if noted, the request for a Sec- Cowanshannock Creek. Renewal application received: tion 401 Water Quality Certification. Mining activ- September 11, 2011. Renewal permit issued: October 28, ity permits issued in response to applications will 2011. also address the application permitting require- Knox District Mining Office: P. O. Box 669, 310 Best ments of the following statutes: the Air Quality Avenue, Knox, PA 16232-0669, 814-797-1191 Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1— 10860105. Mahoning Mining, Inc. (P. O. Box 44, New 693.27); and the Solid Waste Management Act (35 Bethlehem, PA 16242) Renewal of an existing bituminous P. S. §§ 6018.101—6018.1002). surface mine in Slippery Rock & Worth Townships, Butler County affecting 251.0 acres. Receiving streams: Coal Permits Actions Slippery Rock Creek, unnamed tributary to Slippery Rock Creek, and Wolf Creek. This renewal is issued for recla- California District Office: 25 Technology Drive, Coal mation only. Application received: September 6, 2011. Center, PA 15423, 724-769-1100 Permit Issued: October 25, 2011. 56841328 and NPDES No. PA 0033677, Rosebud Moshannon District Mining Office: 186 Enterprise Mining Company, (301 Market Street, Kittanning, PA Drive, Philipsburg, PA 16866, 814-342-8200 16201), to revise permit for the Mine 78 in Adams Township, Cambria County and related NPDES permit 17100107 and NPDES No. 0257354. C.M.T. Energy, for construction of the St. Michael Water Treatment Inc. (108 South Twig St., Box 23, Smoke Run, PA 16681). Plant. Surface Acres Proposed 9.4. No additional dis- Commencement, operation and restoration of a bitumi- charges. The application was considered administratively nous surface mine located in Chest Township, Clearfield complete on March 17, 2011. Application received: Febru- County affecting 36.1 acres. Receiving streams: unnamed ary 17, 2011. Permit issued: October 28, 2011. tributary to Wilson Run to Chest Creek classified for cold water fisheries. There are no potable water supply in- Cambria District Mining Office: 286 Industrial Park takes within 10 miles downstream. Application received: Road, Ebensburg, PA 15931, 814-472-1900 April 30, 2010. Permit issued: October 25, 2011. 56050102 and NPDES No. PA0249751. Sherpa Min- Pottsville District Mining Office: 5 West Laurel Boule- ing Contractors, Inc., 337 Benny Road, Hooversville, vard, Pottsville, PA 17901, 570-621-3118

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54040102C4. Neumeister Coal Company, (28 Frank Knox District Mining Office: P. O. Box 669, 310 Best Lane, Ashland, PA 17921), correction to update the post Avenue, Knox, PA 16232-0669, 814-797-1191 mining land use and an incidental boundary update of an 37114003. Demtech, Inc. (2500 South Noah Drive, existing anthracite surface mine and coal refuse disposal Saxonburg, PA 16065) Blasting activity permit for bridge operation in Frailey and Reilly Townships, Schuylkill demolition in Mahoning Township, Lawrence County. County affecting 23.68 acres, receiving stream: none. This blasting activity permit expires on December 31, Application received: August 12, 2011. Correction issued: 2011. Permit Issued: October 25, 2011. October 28, 2011. 24114007. Tamburlin Brothers Coal Company, Inc. Noncoal Permits Actions (P. O. Box 1419, Clearfield, PA 16830) Blasting activity Greensburg District Mining Office: Armbrust Profes- permit for coal removal and reclamation on GFCC No. sional Center, 8205 Route 819, Greensburg, PA 15601, 24-08-03 in Jay Township, Elk County. This blasting 724-925-5500 activity permit expires on September 30, 2012. Permit Issued: October 26, 2011. 26110801. Mon River Energy Corp. (P. O. Box 446, Brier Hill, PA 16515). Permit issued for commencement, Moshannon District Mining Office: 186 Enterprise operation and reclamation of a small noncoal (industrial Drive, Philipsburg, PA 16866, 814-342-8200 mineral) surface mine, located in German Township, 08114135. Holbert Explosives, Inc. (237 Mast Hope Fayette County, affecting 3.82 acres. Receiving stream: Plank Road, Lackawaxen, PA 18435). Blasting for pipeline unnamed tributary to Sewickley Creek. Application reconstruction located in Tuscarora Township, Bradford ceived: May 17, 2011. Permit issued: October 27, 2011. County. Permit issued: October 25, 2011. Permit expires: October 22, 2012. 26110801-GP-104. Mon River Energy Corp. (P. O. Box 446, Brier Hill, PA 16515). General NPDES permit Pottsville District Mining Office: 5 West Laurel Boule- for stormwater discharge associated with mining activi- vard, Pottsville, PA 17901, 570-621-3118 ties on an existing small noncoal (Industrial Mineral). Permit No. 26110801 located in German Township, 36114165. Keystone Blasting Service, (15 Hopeland Fayette County. Application received: May 17, 2011. Road, Lititz, PA 17543), construction blasting for Chris GP-104 permit issued: October 27, 2011. Beiler manure pit in East Lampeter Township, Lancaster County with an expiration date of December Knox District Mining Office: P. O. Box 669, 310 Best 31, 2011. Permit issued: October 25, 2011. Avenue, Knox, PA 16232-0669, 814-797-1191 58114037. Doug Wathen LLC, (11934 Fairway Lakes 43002801. William A. Guiste Excavating (4142 State Road, Suite 1, Fort Myers, FL 33913), construction blast- Route 208, Emlenton, PA 16373). Final bond release for a ing for the Hess Gas Pad in Dimock Township, small industrial minerals surface mine in Pine Township, Susquehanna County with an expiration date of Sep- Mercer County. Restoration of 2.0 acres completed. tember 28, 2012. Permit issued: October 25, 2011. Receiving streams: Unnamed tributary to Wolf Creek. 15114001. Explo-Craft, Inc., (P. O. Box 1332, West Application Received: July 5, 2011. Final bond release Chester, PA 19380), construction blasting at South View approved: October 13, 2011. in South Coatesville Borough, Chester County with an ACTIONS ON BLASTING ACTIVITY expiration date of October 31, 2012. Permit issued: Octo- APPLICATIONS ber 26, 2011. 38114120. Keystone Blasting Service, (15 Hopeland Actions on applications under the Explosives Acts Road, Lititz, PA 17543), construction blasting for Valley of 1937 and 1957 and 25 Pa. Code § 211.124. Blast- Chase in South Lebanon Township, Lebanon County ing activity performed as part of a coal or with an expiration date of December 31, 2012. Permit noncoal mining activity will be regulated by the issued: October 26, 2011. mining permit for that coal or noncoal mining activity. 58114136. Holbert Explosives, Inc., (237 Mast Hope Plank Road, Lackawaxen, PA 18435), construction blast- Blasting Permits Actions ing for Montrose Laser Pipeline Extension in Springville, Washington and Lemon Townships, Susquehanna Greensburg District Mining Office: Armbrust Profes- County with an expiration date of October 22, 2012. sional Center, 8205 Route 819, Greensburg, PA 15601, Permit issued: October 26, 2011. 724-925-5500 36114166. Keystone Blasting Service, (15 Hopeland 65114007. Appalachian GeoPhysical Services, LLC Road, Lititz, PA 17543), construction blasting for (2659 State Route 60, P. O. Box 426, Killbuck, OH 44637). Lancaster Bible College in Manheim Township, Lan- Blasting activity permit for the Seismic Data Line # caster County with an expiration date of November 30, Corbett South 2D, to conduct seismic explorations located 2011. Permit issued: October 27, 2011. in Derry Township, Westmoreland County. The dura- 64114116. Explosive Services, Inc., (7 Pine Street, tion of blasting is expected to last 30 days. Blasting Bethany, PA 18431), construction blasting for Eugene permit issued: October 27, 2011. Carey in Salem Township, Wayne County with an expiration date of October 23, 2012. Permit issued: Octo- 26114007. Appalachian GeoPhysical Services, LLC ber 27, 2011. (2659 State Route 60, P. O. Box 426, Killbuck, OH 44637). Blasting activity permit for the Seismic Data Line # 58114137. Hayduk Enterprises, Inc., (257 Riverside M-MAWC-1, to conduct seismic explorations located in Drive, Factoryville, PA 18419), construction blasting for Springfield Township, Fayette County. The duration of Infrasource Pipeline in Great Bend and Liberty Town- blasting is expected to last 30 days. Blasting permit ships, Susquehanna County with an expiration date of issued: October 27, 2011. October 31, 2012. Permit issued: October 28, 2011.

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FEDERAL WATER POLLUTION 2) a proposed 16 inch natural gas line crossing a Palustrine Emergent Wetland (PEM); Wetland Impact: CONTROL ACT SECTION 401 52,988 square feet (U.S.G.S. Meshoppen, PA Quadrangle; The Department has taken the following actions on located at N 41° 36Ј 17.22Љ Lat., W -76° 0Ј 14.96Љ Long.). previously received permit applications, requests for Envi- 3) a proposed 16 inch natural gas line crossing ronmental Assessment approval and requests for Water Meshoppen Creek (Chap. 93 CWF); Stream Impact: 50 Quality Certification under section 401 of the Federal lineal feet (U.S.G.S. Tunkhannock, PA Quadrangle; lo- Water Pollution Control Act (FWPCA) (33 U.S.C.A. cated at N 41° 39Ј 57.02Љ Lat., W -75° 59Ј 43.80Љ Long.). § 1341). 4) a Temporary Timber Mat crossing a Palustrine Except as otherwise noted, the Department has granted Emergent Wetland (PEM); Wetland Impact: 8,528 square 401 Water Quality Certification certifying that the con- feet (U.S.G.S. Springville, PA Quadrangle; located at N struction and operation described will comply with sec- 41° 37Ј 48.36Љ Lat., W -75° 59Ј 20.63Љ Long.). tions 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction 5) a proposed 16 inch natural gas line crossing a will not violate applicable Federal and State water qual- Palustrine Emergent Wetland (PEM); Wetland Impact: ity standards. 8,528 square feet (U.S.G.S. Springville, PA Quadrangle; located at N 41° 37Ј 48.36Љ Lat., W -75° 59Ј 20.63Љ Long.). Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under sec- 6) a proposed 16 inch natural gas line crossing a tion 4 of the Environmental Hearing Board Act and 2 Palustrine Emergent Wetland (PEM); Wetland Impact: Pa.C.S. §§ 501—508 and 701—704. The appeal should be 16,500 square feet (U.S.G.S. Springville, PA Quadrangle; sent to the Environmental Hearing Board, Second Floor, located at N 41° 38Ј 2.26Љ Lat., W -75° 59Ј 13.04Љ Long.). Rachel Carson State Office Building, 400 Market Street, 7) a Temporary Timber Mat crossing a Palustrine PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. Emergent Wetland (PEM); Wetland Impact: 16,500 square TDD users may contact the Board through the Pennsylva- feet (U.S.G.S. Springville, PA Quadrangle; located at N nia Relay Service, (800) 654-5984. Appeals must be filed 41° 38Ј 2.26Љ Lat., W -75° 59Ј 13.04Љ Long.). with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropri- 8) a proposed 16 inch natural gas line crossing a ate statute provides a different time period. Copies of the Palustrine Emergent Wetland (PEM); Wetland Impact: appeal form and the Board’s rules of practice and proce- 5,712 square feet (U.S.G.S. Springville, PA Quadrangle; dure may be obtained from the Board. The appeal form located at N 41° 38Ј 26.11Љ Lat., W -75° 59Ј 14.70Љ Long.). and the Board’s rules of practice and procedure are also 9) a Temporary Timber Mat crossing a Palustrine available in Braille or on audiotape from the Secretary to Emergent Wetland (PEM); Wetland Impact: 5,712 square the Board at (717) 787-3483. This paragraph does not, in feet (U.S.G.S. Springville, PA Quadrangle; located at N and of itself, create a right of appeal beyond that 41° 38Ј 26.11Љ Lat., W -75° 59Ј 14.70Љ Long.). permitted by applicable statutes and decisional law. The project is part of a proposed 12Љ and 16Љ natural For individuals who wish to challenge an action, the gas gathering line system connecting the existing appeal must reach the Board within 30 days. A lawyer is Mirabelli Natural Gas Pipeline System to a proposed not needed to file an appeal with the Board. compressor station near the existing Tennessee Gas Important legal rights are at stake, however, so indi- transmission line West of Springville, PA. This portion of viduals should show this notice to a lawyer at once. the project will result in the impact of 50 lineal feet of Persons who cannot afford a lawyer may qualify for free Meshoppen Creek (Chap. 93 CWF). This portion of the pro bono representation. Call the Secretary to the Board project will result in the impact of 83,728 square feet at (717) 787-3483 for more information. (1.92 acres) of Palustrine Emergent Wetlands (PEM). Wetland impacts are associated with this application. Actions on applications for the following activities Wetland Mitigation will be determined during the review filed under the Dam Safety and Encroachments process. Act (32 P. S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) E5829-008. PVR Marcellus Gas Gathering, LLC; and The Clean Streams Law and Notice of Final 100 Penn Tower, Suite 201 & 202, 25 West Third Street, Action for Certification under section 401 of the Williamsport, PA 17701; Springville Township, Susque- FWPCA. hanna County, ACOE Baltimore District. To construct, operate, and maintain: Permits, Environmental Assessments and 401 Water Quality Certifications Issued: 1) a Temporary Timber Mat Bridge crossing White Creek (Chap. 93 CWF); Stream Impact: 52 lineal feet WATER OBSTRUCTIONS AND ENCROACHMENTS (U.S.G.S. Springville SW, PA Quadrangle; located at N Northcentral Region: Oil and Gas Management Pro- 41° 39Ј 24.93Љ Lat., W -75° 58Ј 24.19Љ Long.). gram Manager, 208 West Third Street, Suite 101, 2) a proposed 16 inch natural gas line crossing White Williamsport, PA 17701 Creek (Chap. 93 CWF); Stream Impact: 52 lineal feet E6629-002. PVR Marcellus Gas Gathering, LLC; (U.S.G.S. Springville SW, PA Quadrangle; located at N 100 Penn Tower, Suite 201 & 202, 25 West Third Street, 41° 39Ј 24.93Љ Lat., W -75° 58Ј 24.19Љ Long.). Williamsport, PA 17701; Meshoppen Township, Wyoming 3) a proposed 16 inch natural gas line crossing an County, ACOE Baltimore District. Intermittent Unnamed Tributary to White Creek (Chap. To construct, operate, and maintain: 93 CWF); Stream Impact: 52 lineal feet (U.S.G.S. Springville SW, PA Quadrangle; located at N 41° 39Ј 1) a Temporary Timber Mat crossing a Palustrine Љ Ј Љ Emergent Wetland (PEM); Wetland Impact: 52,988 square 31.65 Lat., W -75° 58 15.43 Long.). feet (U.S.G.S. Meshoppen, PA Quadrangle; located at N 4) a Temporary Timber Mat Bridge crossing an Inter- 41° 36Ј 17.22Љ Lat., W -76° 0Ј 14.96Љ Long.). mittent Unnamed Tributary to White Creek (Chap. 93

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CWF); Stream Impact: 59 lineal feet (U.S.G.S. Springville Springville NW, PA Quadrangle; located at N 41° 42Ј SW, PA Quadrangle; located at N 41° 39Ј 46.44Љ Lat., W 14.23Љ Lat., W -75° 58Ј 7.40Љ Long.). -75° 58Ј 4.42Љ Long.). 18) a Temporary Timber Mat Bridge crossing an Inter- 5) a proposed 16 inch natural gas line crossing an mittent Unnamed Tributary to White Creek (Chap. 93 Intermittent Unnamed Tributary to White Creek (Chap. CWF); Stream Impact: 54 lineal feet (U.S.G.S. Springville 93 CWF); Stream Impact: 59 lineal feet (U.S.G.S. NW, PA Quadrangle; located at N 41° 42Ј 14.23Љ Lat., W Springville SW, PA Quadrangle; located at N 41° 39Ј -75° 58Ј 7.40Љ Long.). 46.44Љ Lat., W -75° 58Ј 4.42Љ Long.). 19) a proposed 16 inch natural gas line crossing an 6) a proposed 16 inch natural gas line crossing a Intermittent Unnamed Tributary to White Creek (Chap. Palustrine Emergent Wetland (PEM); Wetland Impact: 93 CWF); Stream Impact: 149 lineal feet (U.S.G.S. 1,727 square feet (U.S.G.S. Springville SW, PA Quad- Springville, PA Quadrangle; located at N 41° 38Ј 45.36Љ rangle; located at N 41° 39Ј 50.47Љ Lat., W -75° 58Ј 1.20Љ Lat., W -75° 58Ј 39.70Љ Long.). Long.). 20) a Temporary Timber Mat Bridge crossing an Inter- 7) a proposed 16 inch natural gas line crossing a mittent Unnamed Tributary to White Creek (Chap. 93 Perennial Unnamed Tributary to White Creek (Chap. 93 CWF); Stream Impact: 149 lineal feet (U.S.G.S. CWF); Stream Impact: 58 lineal feet (U.S.G.S. Springville Springville, PA Quadrangle; located at N 41° 38Ј 45.36Љ Ј Љ SW, PA Quadrangle; located at N 41° 40 37.83 Lat., W Lat., W -75° 58Ј 39.70Љ Long.). -75° 57Ј 58.52Љ Long.). The project is part of a proposed 12Љ and 16Љ natural 8) a Temporary Timber Mat Bridge crossing a Peren- gas gathering line system connecting the existing nial Unnamed Tributary to White Creek (Chap. 93 CWF); Mirabelli Natural Gas Pipeline System to a proposed Stream Impact: 58 lineal feet (U.S.G.S. Springville SW, compressor station near the existing Tennessee Gas PA Quadrangle; located at N 41° 40Ј 37.83Љ Lat., W -75° Ј Љ transmission line West of Springville, PA. This portion of 57 58.52 Long.). the project will result in the impact of 526 lineal feet of 9) a proposed 12 inch natural gas line crossing a stream channel (Unnamed Tributaries to White Creek Perennial Unnamed Tributary to White Creek (Chap. 93 and White Creek). This portion of the project will result CWF); Stream Impact: 51 lineal feet (U.S.G.S. Springville in the impact of 46,700 square feet (1.07 acres) of NW, PA Quadrangle; located at N 41° 41Ј 27.40Љ Lat., W Palustrine Emergent Wetlands (PEM). Wetland impacts -75° 57Ј 49.63Љ Long.). are associated with this application. Wetland Mitigation will be determined during the review process. 10) a Temporary Timber Mat Bridge crossing a Peren- nial Unnamed Tributary to White Creek (Chap. 93 CWF); E5929-020: SWEPI LP, 190 Thorn Hill Road, War- Stream Impact: 51 lineal feet (U.S.G.S. Springville NW, rendale, PA 15086, Rutland Township, Tioga County, PA Quadrangle; located at N 41° 41Ј 27.40Љ Lat., W -75° ACOE Baltimore District. 57Ј 49.63Љ Long.). To construct and maintain: 11) a proposed 12 inch natural gas line crossing a Palustrine Emergent Wetland (PEM); Wetland Impact: 1) a temporary road crossing using 20 foot long, 18 10,927 square feet (U.S.G.S. Springville NW, PA Quad- inch diameter corrugated metal pipe, a 24 inch diameter rangle; located at N 41° 41Ј 51.21Љ Lat., W -75° 58Ј 5.70Љ and an 8 inch diameter natural gas gathering line, a 10 Long.). inch diameter and a 6 inch diameter fresh water line, and a fiber optic cable impacting 29 linear feet of an unnamed 12) a Temporary Timber Mat crossing a Palustrine tributary to Mill Creek (TSF, MF) (Roseville, PA Quad- Emergent Wetland (PEM); Wetland Impact: 10,927 square rangle 41°51Ј46ЉN 76°59Ј16ЉW); feet (U.S.G.S. Springville NW, PA Quadrangle; located at N 41° 41Ј 51.21Љ Lat., W -75° 58Ј 5.70Љ Long.). 2) a temporary road crossing using 20 foot long, 18 inch diameter corrugated metal pipe, a 24 inch diameter 13) a proposed 12 inch natural gas line crossing an and an 8 inch diameter natural gas gathering line, a 10 Intermittent Unnamed Tributary to White Creek (Chap. inch diameter and a 6 inch diameter fresh water line, and 93 CWF); Stream Impact: 51 lineal feet (U.S.G.S. a fiber optic cable impacting 16 linear feet of an unnamed Springville NW, PA Quadrangle; located at N 41° 41Ј tributary to Mill Creek (TSF, MF) (Roseville, PA Quad- 58.71Љ Lat., W -75° 58Ј 7.85Љ Long.). rangle 41°51Ј48ЉN 76°59Ј18ЉW); 14) a Temporary Timber Mat Bridge crossing an Inter- 3) a temporary road crossing using 20 foot long, 18 mittent Unnamed Tributary to White Creek (Chap. 93 inch diameter corrugated metal pipe, a 24 inch diameter CWF); Stream Impact: 51 lineal feet (U.S.G.S. Springville and an 8 inch diameter natural gas gathering line, a 10 Ј Љ NW, PA Quadrangle; located at N 41° 41 58.71 Lat., W inch diameter and a 6 inch diameter fresh water line, and Ј Љ -75° 58 7.85 Long.). a fiber optic cable impacting 12 linear feet of an unnamed 15) a proposed 12 inch natural gas line crossing a tributary to Mill Creek (TSF, MF) (Roseville, PA Quad- Palustrine Emergent Wetland (PEM); Wetland Impact: rangle 41°51Ј49ЉN 76°59Ј19ЉW); 34,046 square feet (U.S.G.S. Springville NW, PA Quad- Ј Љ Ј Љ 4) a temporary road crossing using 20 foot long, 78 rangle; located at N 41° 42 14.23 Lat., W -75° 58 7.40 inch diameter corrugated metal pipes, a 24 inch diameter Long.). and an 8 inch diameter natural gas gathering line, a 10 16) a Temporary Timber Mat crossing a Palustrine inch diameter and a 6 inch diameter fresh water line, and Emergent Wetland (PEM); Wetland Impact: 34,046 square a fiber optic cable impacting 43 linear feet of Mill Creek feet (U.S.G.S. Springville NW, PA Quadrangle; located at (TSF, MF) (Roseville, PA Quadrangle 41°51Ј55ЉN 76°59Ј N 41° 42Ј 14.23Љ Lat., W -75° 58Ј 7.40Љ Long.). 25ЉW); 17) a proposed 12 inch natural gas line crossing an 5) a 24 inch diameter and an 8 inch diameter natural Intermittent Unnamed Tributary to White Creek (Chap. gas gathering line, a 10 inch diameter and a 6 inch 93 CWF); Stream Impact: 54 lineal feet (U.S.G.S. diameter fresh water line, and a fiber optic cable impact-

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6138 NOTICES ing 10 linear feet of an unnamed tributary to Mill Creek a below grade wet well and meter located on the east side (TSF, MF) (Roseville, PA Quadrangle 41°51Ј55ЉN 76°59Ј of the stream. The permanent stream impacts for the 25ЉW); project are 14 linear feet and 39 square feet, and the 6) a temporary road crossing using 20 foot long, 18 temporary stream impacts are estimated as 23 linear feet inch diameter corrugated metal pipes, a 24 inch diameter and 291 square feet. This project proposes no impacts to and an 8 inch diameter natural gas gathering line, a 10 jurisdictional wetlands. inch diameter and a 6 inch diameter fresh water line, and E5929-019: SWEPI LP, 190 Thorn Hill Road, War- a fiber optic cable impacting 37 linear feet of an unnamed rendale, PA 15086, Charleston and Delmar Townships, tributary to Mill Creek (TSF, MF) (Millerton, NY PA Tioga County, ACOE Baltimore District. Quadrangle 41°52Ј39ЉN 76°59Ј43ЉW); To construct and maintain: 7) a temporary road crossing using 20 foot long, 60 inch diameter corrugated metal pipes, a 24 inch diameter 1) a temporary road crossing using a mat bridge, an 8 and an 8 inch diameter natural gas gathering line, a 10 inch diameter natural gas gathering line and a 10 inch inch diameter and a 6 inch diameter fresh water line, and diameter water line impacting 17 feet of an unnamed a fiber optic cable impacting 19 linear feet of Bailey tributary to Mill Creek (TSF) (Roseville, PA Quadrangle Creek (TSF, MF) (Jackson Summit, PA Quadrangle 41°53Ј 41°51Ј45ЉN 76°58Ј47ЉW); 09ЉN 77°00Ј03ЉW); 2) a temporary road crossing using a mat bridge, an 8 E5329-008. Ultra Resources, Inc., 304 Inverness Way inch diameter natural gas gathering line and a 10 inch South, Suite 295, Englewood, CO 80112-5828. PL-119 diameter water line impacting 5 feet of an unnamed Pipeline, in West Branch and Abbott Townships, Potter tributary to Mill Creek (TSF) (Roseville, PA Quadrangle County, ACOE Baltimore District. 41°51Ј49ЉN 76°58Ј38ЉW); To construct, operate, and maintain one 8-inch under- 3) a temporary road crossing using a mat bridge, an 8 ground natural gas pipeline and two 6-inch underground inch diameter natural gas gathering line and a 10 inch waterlines impacting: diameter water line impacting 110 feet of Mill Creek (TSF) (Roseville, PA Quadrangle 41°51Ј53ЉN 76°58Ј26ЉW); (1) 5330 square feet (0.12 acres) of EV wetland (PEM) via open cut trenching, (Galeton, PA Quadrangle, Lati- 4) a temporary road crossing using a mat bridge and tude: N41°39Ј25Љ, Longitude: W77°38Ј29Љ); culvert impacting 40 feet of Mill Creek (TSF) (Roseville, PA Quadrangle 41°51Ј57ЉN 76°58Ј27ЉW); (2) 40 lineal feet of Straight Run (EV, MF) via open cut trenching, (Galeton, PA Quadrangle, Latitude: N41°38Ј 5) a temporary road crossing using a mat bridge, a 6 59Љ, Longitude: W77°37Ј53Љ); inch diameter natural gas gathering line and a 10 inch diameter water line impacting 10 feet of an unnamed (3) 52 lineal feet of an Unnamed Tributary to Shaar tributary to Mill Creek (TSF) (Millerton, PA Quadrangle Hollow (EV, MF) via open cut trenching, (Marshlands, PA 41°52Ј50ЉN 76°57Ј38ЉW); Quadrangle, Latitude: N41°39Ј41Љ, Longitude: W77°37Ј 26Љ); 6) a temporary road crossing using a mat bridge, a 6 (4) 57 lineal feet of Shaar Hollow (EV, MF) via open cut inch diameter natural gas gathering line and a 10 inch trenching, (Galeton, PA Quadrangle, Latitude: N41°39Ј diameter water line impacting 16 feet of an unnamed 53Љ, Longitude: W77°37Ј31Љ); tributary to Mill Creek (TSF) (Millerton, PA Quadrangle 41°53Ј07ЉN 76°57Ј47ЉW); The project will result in 5330 square feet (0.12 acres) of EV wetland impacts via open cut trenching, and 149 7) a temporary road crossing using a mat bridge and culvert impacting 11 feet of an unnamed tributary to Mill lineal feet channel impacts via open cut trenching, all for Ј Љ the purpose of Marcellus Shale wellsite development. Creek (TSF) (Millerton, PA Quadrangle 41°53 11 N 76° 57Ј 40ЉW); E5929-018: Ultra Resources, Inc., 304 Inverness Way South, Suite 295, Englewood, CO 80112, Elk Township, 8) a temporary road crossing using a mat bridge, a 6 Tioga County, ACOE Baltimore District. inch diameter natural gas gathering line and a 10 inch diameter water line impacting 16 feet of an unnamed To construct, operate, and maintain a temporary road tributary to Mill Creek (TSF) (Millerton, PA Quadrangle crossing using four 34 foot long, 12 inch diameter corru- 41°53Ј11ЉN 76°57Ј52ЉW); gated metal pipes, an 8 inch diameter natural gas gathering line, and two 6 inch diameter fresh waterlines, 9) a temporary road crossing using a mat bridge, an 8 impacting 12 linear feet of an UNT to Thompson Hollow inch diameter natural gas gathering line and a 10 inch (EV) (Marshlands, PA Quadrangle 41°41Ј09Љ N 77°31Ј24Љ diameter water line impacting 8 feet of an unnamed W) tributary to Mill Creek (TSF) (Millerton, PA Quadrangle 41°52Ј43ЉN 76°57Ј23ЉW); The project will result in 12 linear feet of temporary stream impacts all for the purpose of installing a natural 10) a temporary road crossing using a mat bridge, an 8 gas gathering line, fresh waterline, and associated access inch diameter natural gas gathering line and a 10 inch roadways. diameter water line impacting 4 feet of an unnamed tributary to Mill Creek (TSF) (Millerton, PA Quadrangle E5329-003. Seneca Resources Corporation,51 41°52Ј44ЉN 76°57Ј15ЉW); Zents Boulevard, Brookville, PA, 15825. Genesee Forks Surface Water Withdrawal, in Pike Township, Potter 11) a temporary road crossing using a mat bridge, a 6 County, ACOE Baltimore District (West Pike, PA Quad- inch diameter natural gas gathering line and a 10 inch rangle N: 41°47Ј53.66Љ; W: 77°42Ј48.79Љ). diameter water line impacting 8 feet of an unnamed tributary to Mill Creek (TSF) (Millerton, PA Quadrangle To construct and maintain a water withdrawal location 41°52Ј49ЉN 76°56Ј14ЉW); on Genesee Forks, which carries a water quality designation of High Quality-Cold Water Fishery. The project 12) a temporary road crossing using a mat bridge, a 6 consists of a 24 inch slotted steel pipe that will connect to inch diameter natural gas gathering line and a 10 inch

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6139 diameter water line impacting 12 feet of an unnamed 25) a temporary road crossing using a mat bridge, an 8 tributary to Mill Creek (TSF) (Millerton, PA Quadrangle inch diameter natural gas gathering line and a 10 inch 41°53Ј18ЉN 76°56Ј26ЉW); diameter water line impacting 2,483 square feet of a palustrine emergent / palustrine scrub/shrub (PEM/PSS) 13) a temporary road crossing using a mat bridge and wetland (Millerton, PA Quadrangle 41°52Ј44ЉN 76°57Ј culvert impacting 6 feet of an unnamed tributary to Mill 15ЉW); Creek (TSF) (Millerton, PA Quadrangle 41°53Ј13ЉN 76°56Ј 24ЉW); 26) a temporary road crossing using a mat bridge, an 8 inch diameter natural gas gathering line and a 10 inch 14) a temporary road crossing using a mat bridge, an 8 diameter water line impacting 931 square feet of a inch diameter natural gas gathering line and a 10 inch palustrine emergent (PEM) wetland (Millerton, PA Quad- diameter water line impacting 12 feet of an unnamed rangle 41°53Ј41ЉN 76°56Ј38ЉW); tributary to Mill Creek (TSF) (Millerton, PA Quadrangle 41°53Ј31ЉN 76°56Ј46ЉW); 27) a temporary road crossing using a mat bridge, a 6 inch diameter natural gas gathering line and a 10 inch 15) a temporary road crossing using a mat bridge, an 8 diameter water line impacting 1,718 square feet of a inch diameter natural gas gathering line and a 10 inch palustrine emergent (PEM) wetland (Millerton, PA Quad- diameter water line impacting 16 feet of an unnamed rangle 41°53Ј56ЉN 76°56Ј47ЉW); tributary to Mill Creek (TSF) (Millerton, PA Quadrangle 41°54Ј00ЉN 76°56Ј16ЉW); 28) a temporary road crossing using a mat bridge, a 6 inch diameter natural gas gathering line and a 10 inch 16) a temporary road crossing using a mat bridge, an 8 diameter water line impacting 245 square feet of a inch diameter natural gas gathering line and a 10 inch palustrine forested (PFO) wetland (Millerton, PA Quad- diameter water line impacting 882 square feet of a rangle 41°54Ј18ЉN 76°55Ј37ЉW); palustrine emergent (PEM) wetland (Roseville, PA Quad- rangle 41°51Ј37ЉN 76°59Ј01ЉW); 29) a temporary road crossing using a mat bridge, a 6 inch diameter natural gas gathering line and a 10 inch 17) a temporary road crossing using a mat bridge, an 8 diameter water line impacting 1,065 square feet of a inch diameter natural gas gathering line and a 10 inch palustrine forested (PFO) wetland (Millerton, PA Quad- diameter water line impacting 36,829 square feet of a rangle 41°54Ј18ЉN 76°55Ј37ЉW); palustrine emergent (PEM) wetland (Roseville, PA Quad- rangle 41°51Ј43ЉN 76°58Ј50ЉW); 30) a temporary road crossing using a mat bridge, a 6 inch diameter natural gas gathering line and a 10 inch 18) a temporary road crossing using a mat bridge, an 8 diameter water line impacting 905 square feet of a inch diameter natural gas gathering line and a 10 inch palustrine emergent (PEM) wetland (Millerton, PA Quad- diameter water line impacting 4,842 square feet of a rangle 41°54Ј18ЉN 76°55Ј36ЉW); palustrine emergent (PEM) wetland (Roseville, PA Quad- rangle 41°51Ј46ЉN 76°58Ј45ЉW); The project will result in 710 linear feet of temporary stream impacts, a total of 80,383 square feet (1.85 acres) 19) a temporary road crossing using a mat bridge, an 8 of temporary wetland impacts, and a total of 1,310 square inch diameter natural gas gathering line and a 10 inch feet (0.03 acres) of permanent wetland impacts. Streams diameter water line impacting 17,849 square feet of a and wetlands are being crossed all for the purpose of palustrine emergent / palustrine scrub/shrub (PEM/PSS) installing a natural gas gathering line, a large spur line, wetland (Roseville, PA Quadrangle 41°51Ј48ЉN 76°58Ј and several short spur lines. 40ЉW); E4129-005: East Resources Management, L.L.C., 20) a temporary road crossing using a mat bridge, an 8 190 Thorn Hill Road, Warrendale, PA 15086, Jackson and inch diameter natural gas gathering line and a 10 inch McIntyre Townships, Lycoming County, ACOE Balti- diameter water line impacting 4,502 square feet of a more District. palustrine emergent (PEM) wetland (Roseville, PA Quad- rangle 41°51Ј51ЉN 76°58Ј30ЉW); To construct and maintain: 21) a temporary road crossing using a mat bridge, an 8 1) a temporary road crossing using a 20 foot long, 18 inch diameter natural gas gathering line and a 10 inch inch diameter corrugated metal pipe, a 20 inch diameter diameter water impacting 3,024 square feet of a and an 8 inch diameter natural gas gathering line palustrine emergent / palustrine scrub/shrub (PEM/PSS) crossing an unnamed tributary (UNT) of Brion Creek wetland (Roseville, PA Quadrangle 41°52Ј04ЉN 76°58Ј (HQ-CWF) impacting 539 square feet (Liberty, PA Quad- 12ЉW); rangle 41° 32Ј 48.75ЉN 77° 1Ј 55.75ЉW); 22) a temporary road crossing using a mat bridge, a 6 2) a temporary road crossing using a 20 foot long, 60 inch diameter natural gas gathering line and a 10 inch inch diameter corrugated metal pipes, a 20 inch diameter diameter water line impacting 3,981 square feet of a and an 8 inch diameter natural gas gathering line palustrine emergent (PEM) wetland (Millerton, PA Quad- crossing Roaring Branch (HQ-CWF) impacting 3,054 rangle 41°53Ј07ЉN 76°57Ј47ЉW); square feet (Liberty, PA Quadrangle 41° 32Ј 36.48ЉN 77° 1Ј 29.26ЉW); 23) a temporary road crossing using a mat bridge and culvert impacting 569 square feet of a palustrine emer- 3) a temporary road crossing using a 20 foot long, 24 gent (PEM) wetland (Millerton, PA Quadrangle 41°53Ј inch diameter corrugated metal pipe, a 20 inch diameter 11ЉN 76°54Ј40ЉW); and an 8 inch diameter natural gas gathering line crossing an unnamed tributary (UNT) to Red Run (CWF) 24) a temporary road crossing using a mat bridge, an 8 impacting 544 square feet (Liberty, PA Quadrangle 41° inch diameter natural gas gathering line and a 10 inch 31Ј 57.99ЉN 77° 0Ј 26.77ЉW); diameter water line impacting 1,868 square feet of a palustrine emergent / palustrine scrub/shrub (PEM/PSS) 4) a temporary road crossing using a 20 foot long, 24 wetland (Millerton, PA Quadrangle 41°52Ј44ЉN 76°57Ј inch diameter corrugated metal pipe, a 20 inch diameter 16ЉW); and an 8 inch diameter natural gas gathering line

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6140 NOTICES crossing an unnamed tributary (UNT) to Red Run (CWF) Williamsport, PA, Anthony, Cogan House, Cummings, impacting 399 square feet (Liberty, PA Quadrangle 41° Mifflin, and Lycoming Townships, Lycoming County, 31Ј 57.72ЉN 77° 0Ј 25.99ЉW); ACOE Baltimore District. 5) a 20 inch diameter and an 8 inch diameter natural To construct, operate, and maintain: gas gathering line crossing an unnamed tributary (UNT) (1) a 30 inch natural gas pipeline and four 6 inch fresh to Red Run (CWF) impacting 55 square feet (Ralston, PA water pipelines across 2nd Fork Larrys Creek (EV) Ј Љ Ј Љ Quadrangle 41° 32 4.41 N 76° 59 42.33 W) adjacent to SR 287. Impacted Area: 0.029 acres; (Sal- 6) a temporary road crossing using a 20 foot long, 24 ladasburg Quadrangle 41° 19Ј 26.99ЉN 77° 14Ј 27.77ЉW). inch diameter corrugated metal pipe, a 20 inch diameter (2) a 30 inch natural gas pipeline, four 6 inch fresh and an 8 inch diameter natural gas gathering line water pipelines, and a 14 foot wide mat bridge across an crossing an unnamed tributary (UNT) to Red Run (CWF) unnamed tributary to Little Gap Run (HQ-CWF) adjacent impacting 825 square feet (Ralston, PA Quadrangle 41° to Little Gap Drive. Impacted Area: 0.003 acres; (Sal- 32Ј 8.22ЉN 76° 59Ј 39.27ЉW); ladasburg Quadrangle 41° 19Ј 42.69ЉN 77° 8Ј 41.78ЉW). 7) a temporary road crossing a wood mat bridge, a 20 (3) a 30 inch natural gas pipeline, four 6 inch fresh inch diameter and an 8 inch diameter natural gas water pipelines, and a 14 foot wide mat bridge across an gathering line crossing an exceptional value palustrine unnamed tributary to Little Gap Run (HQ-CWF) adjacent emergent (EV-PEM) wetland impacting 490 square feet to Little Gap Drive. Impacted Area: 0.003 acres; (Sal- (Liberty, PA Quadrangle 41° 32Ј 50.60ЉN 77° 1Ј 57.42ЉW); ladasburg Quadrangle 41° 19Ј 44.71ЉN 77° 8Ј 52.45ЉW). 8) a temporary road crossing using a wood mat bridge, (4) a 30 inch natural gas pipeline, four 6 inch fresh a 20 inch diameter and an 8 inch diameter natural gas water pipelines, and a 14 foot wide mat bridge across an gathering line crossing an exceptional value palustrine unnamed Stony Gap Run (HQ-CWF) adjacent to Stony emergent/ palustrine forested (EV-PEM/PFO) wetland im- Gap Road. Impacted Area: 0.017 acres; (Salladasburg pacting 1,851 square feet (Liberty, PA Quadrangle 41° 32Ј Quadrangle 41° 19Ј 31.41ЉN 77° 9Ј 35.52ЉW). 37.89ЉN 77° 1Ј 30.93ЉW); (5) a 30 inch natural gas pipeline, four 6 inch fresh 9) a 20 inch diameter and an 8 inch diameter natural water pipelines, and a 14 foot wide mat bridge across 1st gas gathering line crossing a palustrine emergent (PEM) Fork Larrys Creek (EV). Impacted Area: 0.017 acres; wetland impacting 1,046 square feet (Liberty, PA Quad- (Salladasburg Quadrangle 41° 19Ј 27.31ЉN 77° 17Ј rangle 41° 32Ј 11.59ЉN 77° 1Ј 3.33ЉW); 46.83ЉW). 10) a temporary road crossing using a wood mat (6) a 30 inch natural gas pipeline, four 6 inch fresh bridge, a 20 inch diameter and an 8 inch diameter water pipelines, and a 14 foot wide mat bridge across an natural gas gathering line crossing a palustrine emergent unnamed tributary to 2nd Fork Larrys Creek (EV). (PEM) wetland impacting 1,676 square feet (Liberty, PA Impacted Area: 0.002 acres; (Waterville Quadrangle 41° Quadrangle 41° 32Ј 9.99ЉN 77° 1Ј 1.92ЉW); 19Ј 40.86ЉN 77° 15Ј 27.03ЉW). 11) a temporary road crossing using a wood mat bridge, (7) a 30 inch natural gas pipeline, four 6 inch fresh a 20 inch diameter and an 8 inch diameter natural gas water pipelines, and a 14 foot wide mat bridge across an gathering line crossing a palustrine emergent/palustrine unnamed tributary to 2nd Fork Larrys Creek (EV). scrub-shrub (PEM/PSS) wetland impacting 2,206 square Impacted Area: 0.002 acres; (Waterville Quadrangle 41° feet (Liberty, PA Quadrangle 41° 31Ј 58.61ЉN 77° 0Ј 19Ј 41.01ЉN 77° 15Ј 24.43ЉW). Љ 28.81 W); (8) a 30 inch natural gas pipeline, four 6 inch fresh 12) a temporary road crossing using a wood mat water pipelines, and a 14 foot wide mat bridge across an bridge, a 20 inch diameter and an 8 inch diameter unnamed tributary to 2nd Fork Larrys Creek (EV). natural gas gathering line crossing an exceptional value Impacted Area: 0.006 acres; (Waterville Quadrangle 41° palustrine emergent/palustrine forested (EV-PEM/PFO) 19Ј 40.51ЉN 77° 15Ј 19.36ЉW). wetland impacting 1,335 square feet (Liberty, PA Quad- Ј Љ Ј Љ (9) a 30 inch natural gas pipeline, four 6 inch fresh rangle 41° 31 57.62 N 77° 0 25.84 W); water pipelines, and a 14 foot wide mat bridge across an 13) a temporary road crossing using a wood mat unnamed tributary to 2nd Fork Larrys Creek (EV). bridge, a 20 inch diameter and an 8 inch diameter Impacted Area: 0.002 acres; (Waterville Quadrangle 41° natural gas gathering line crossing an exceptional value 19Ј 37.48ЉN 77° 15Ј 2.43ЉW). palustrine emergent (EV-PEM) wetland impacting 1,029 (10) a 30 inch natural gas pipeline, four 6 inch fresh Ј Љ square feet (Ralston, PA Quadrangle 41° 32 7.63 N 76° water pipelines, and a 14 foot wide mat bridge across an Ј Љ 59 43.78 W); unnamed tributary to 2nd Fork Larrys Creek (EV). 14) a 20 inch diameter and an 8 inch diameter natural Impacted Area: 0.003 acres; (Salladasburg Quadrangle gas gathering line crossing an exceptional value 41° 19Ј 33.32ЉN 77° 14Ј 49.62ЉW). palustrine emergent/palustrine scrub-shrub (EV-PEM/ (11) a 30 inch natural gas pipeline, four 6 inch fresh PSS) wetland impacting 86 square feet (Ralston, PA water pipelines, and a 14 foot wide mat bridge across Dog Quadrangle 41° 32Ј 7.72ЉN 76° 59Ј 43.05ЉW). Run (EV). Impacted Area: 0.011 acres; (Waterville Quad- Ј Љ Ј Љ The project will result in 190.77 linear feet of tempo- rangle 41° 19 32.86 N 77° 17 4.29 W). rary stream impacts, a total of 6,533 square feet (0.150 (12) a 30 inch natural gas pipeline, four 6 inch fresh acres) of temporary wetland impacts, and a total of 3,186 water pipelines, and a 14 foot wide mat bridge across square feet (0.073 acres) of permanent wetland impacts Little Sandy Hollow (EV) adjacent to SR 287. Impacted all for the purpose of installing a natural gas gathering Area: 0.017 acres; (Waterville Quadrangle 41° 19Ј 20.16ЉN line with associated access roadways. 77° 14Ј 6.86ЉW). E4129-007: PVR Marcellus Gas Gathering, LLC, (13) a 30 inch natural gas pipeline, four 6 inch fresh 100 Penn Tower, Suite 201 & 202, 25 West Third Street, water pipelines, and a 14 foot wide mat bridge across an

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6141 unnamed tributary to Little Sandy Hollow (EV). Impacted (27) a 30 inch natural gas pipeline, four 6 inch fresh Area: 8.35 square feet; (Salladasburg Quadrangle 41° 19Ј water pipelines, and a 14 foot wide mat bridge crossing of 29.2ЉN 77° 13Ј 46.47ЉW). a palustrine emergent (PEM) wetland adjacent to Little Gap Drive. Impacted Area: 0.14 acres; (Salladasburg (14) a 30 inch natural gas pipeline, four 6 inch fresh Ј Љ Ј Љ water pipelines, and a 14 foot wide mat bridge across an Quadrangle 41° 19 44.72 N 77° 8 51.74 W). unnamed tributary to Little Sandy Hollow (EV). Impacted (28) a 30 inch natural gas pipeline, four 6 inch fresh Area: 0.003 acres; (Salladasburg Quadrangle 41° 19Ј water pipelines, and a 14 foot wide mat bridge crossing of 31.77ЉN 77° 13Ј 43.67ЉW). a palustrine emergent (PEM) wetland. Impacted Area: Ј Љ (15) a 30 inch natural gas pipeline, four 6 inch fresh 0.05 acres; (Waterville Quadrangle 41° 19 29.38 N 77° Ј Љ water pipelines, and a 14 foot wide mat bridge across an 15 13.39 W). unnamed tributary to Mash Run (EV). Impacted Area: (29) a 30 inch natural gas pipeline, four 6 inch fresh 0.002 acres; (Salladasburg Quadrangle 41° 19Ј 40.83ЉN water pipelines, and a 14 foot wide mat bridge crossing of 77° 11Ј 59.27ЉW). a palustrine emergent (PEM) wetland adjacent to SR 973. (16) a 30 inch natural gas pipeline, four 6 inch fresh Impacted Area: 0.22 acres; (Salladasburg Quadrangle 41° water pipelines, and a 14 foot wide mat bridge across 19Ј 35.84ЉN 77° 8Ј 24.35ЉW). Larrys Creek (EV). Impacted Area: 0.034 acres; (Sal- Ј Љ Ј Љ The project will result in the following impacts: 0.15 ladasburg Quadrangle 41° 19 21.4 N 77° 11 26.93 W). acres of stream impacts from utility line crossings, 0.10 (17) a 30 inch natural gas pipeline, four 6 inch fresh acres stream impacts from temporary road crossings, 0.25 water pipelines, and a 14 foot wide mat bridge across an acres of wetland impacts for utility line crossings, and unnamed tributary to Larrys Creek (EV). Impacted Area: 0.16 acres of wetland impacts from temporary road 0.011 acres; (Salladasburg Quadrangle 41° 19Ј 20.60ЉN crossings. These crossings will accumulate a total of 0.25 77° 11Ј 25.15ЉW). acres of watercourse impacts and 0.41 acres of wetland (18) a 30 inch natural gas pipeline, four 6 inch fresh impacts all for the purpose of installing a natural gas water pipelines, and a 14 foot wide mat bridge across an gathering line with associated access roadways for unnamed tributary to Larrys Creek (EV). Impacted Area: Marcellus well development. 0.011 acres; (Salladasburg Quadrangle 41° 19Ј 19.35ЉN E4129-010: Pennsylvania General Energy, LLC, 77° 11Ј 22.84ЉW). 120 Market Street, Warren, PA 16365, Cummings and (19) a 12 inch and a 16 inch natural gas pipeline, four McHenry Townships, Lycoming County, ACOE Balti- 6 inch fresh water pipelines, and a 14 foot wide mat more District. bridge across an unnamed tributary to Hoagland Run To construct, operate, and maintain: (HQ-CWF). Impacted Area: 0.002 acres; (Salladasburg Quadrangle 41° 22Ј 8.47ЉN 77° 8Ј 55.94ЉW). (1) one 24 inch gas pipeline, two 6 inch waterlines, and 16 foot wide equipment matting across an unnamed (20) a 30 inch natural gas pipeline and four 6 inch tributary to Little Pine Creek (EV) impacting 4 linear feet fresh water pipelines across an unnamed tributary to (Waterville Quadrangle 41°19Ј11Љ N 77°20Ј49ЉW), Little Gap Run (HQ-CWF). Impacted Area: 0.003 acres; (Salladasburg Quadrangle 41° 21Ј 18.06ЉN 77° 8Ј (2) one 24 inch gas pipeline and two 6 inch waterlines 26.18ЉW). across an unnamed tributary to Little Pine Creek (EV) impacting 3 linear feet (Waterville Quadrangle 41°19Ј25Љ (21) a 30 inch natural gas pipeline, four 6 inch fresh Ј Љ water pipelines, and a 14 foot wide mat bridge across N 77°21 40 W), Little Gap Run (HQ-CWF). Impacted Area: 0.023 acres; (3) one 24 inch gas pipeline, two 6 inch waterlines, and (Salladasburg Quadrangle 41° 19Ј 34.67ЉN 77° 8Ј 16 foot wide equipment matting impacting 2012 square 25.84ЉW). feet of a palustrine forested (PFO) wetland adjacent to (22) a 30 inch natural gas pipeline and four 6 inch Little Pine Creek (HQ-TSF) (Waterville Quadrangle fresh water pipelines across an unnamed tributary to 41°19Ј26Љ N 77°21Ј41ЉW), Hoagland Run (HQ-CWF). Impacted Area: 0.005 acres; Ј Љ Ј Љ (4) one 24 inch gas pipeline and two 6 inch waterlines (Salladasburg Quadrangle 41° 19 57.71 N 77° 8 8.17 W). across Little Pine Creek (HQ-TSF) impacting 113 linear (23) a 30 inch natural gas pipeline and four 6 inch feet (Waterville Quadrangle 41°19Ј27ЉN 77°21Ј41ЉW), fresh water pipelines across an unnamed tributary to Little Gap Run (HQ-CWF). Impacted Area: 0.002 acres; (5) one 24 inch gas pipeline and two 6 inch waterlines (Salladasburg Quadrangle 41° 21Ј 19.32ЉN 77° 8Ј impacting 480 square feet of a palustrine forested (PFO) 26.19ЉW). wetland adjacent to Little Pine Creek (HQ-TSF) (Waterville Quadrangle 41°19Ј31ЉN 77°21Ј39ЉW), (24) a 12 inch and a 16 inch natural gas pipeline and four 6 inch fresh water pipelines across an unnamed (6) one 24 inch gas pipeline, two 6 inch waterlines, and tributary to Hoagland Run (HQ-CWF). Impacted Area: 16 foot wide equipment matting impacting 3130 square 0.003 acres; (Salladasburg Quadrangle 41° 22Ј 18.61ЉN feet of a palustrine emergent (PEM) wetland adjacent to 77° 8Ј 26.4ЉW). Little Pine Creek (HQ-TSF) (Waterville Quadrangle 41°19Ј45ЉN 77°21Ј29ЉW), (25) a 12 inch and a 16 inch natural gas pipeline, four 6 inch fresh water pipelines, and a 14 foot wide mat (7) one 24 inch gas pipeline and two 6 inch waterlines bridge across Hoagland Run (HQ-CWF). Impacted Area: impacting 315 square feet of a palustrine forested (PFO) 0.029 acres; (Salladasburg Quadrangle 41° 22Ј 23.48ЉN wetland adjacent to Little Pine Creek (HQ-TSF) 77° 8Ј 12.89ЉW). (Waterville Quadrangle 41°19Ј45ЉN 77°21Ј30ЉW), (26) a 30 inch natural gas pipeline and four 6 inch (8) one 24 inch gas pipeline, two 6 inch waterlines, and fresh water pipelines across Little Harbor Run (EV). 16 foot wide equipment matting across an unnamed Impacted Area: 0.006 acres; (Salladasburg Quadrangle tributary to Pine Creek (HQ-TSF) impacting 3 linear feet 41° 19Ј 18.84ЉN 77° 14Ј 14.81ЉW). (Jersey Mills Quadrangle 41°20Ј09ЉN 77°22Ј40ЉW),

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(9) one 24 inch gas pipeline, two 6 inch waterlines, and (2) a temporary road crossing using a 10 foot wide 16 foot wide equipment matting impacting 1325 square wood mat bridge and a 4 inch diameter natural gas feet of a palustrine emergent (PEM) wetland adjacent to gathering line crossing an exceptional value palustrine an unnamed tributary to Little Pine Creek (EV) (Jersey emergent wetland (EV-PEM) impacting 1,048 square feet Mills Quadrangle 41°20Ј18Љ N 77°22Ј45ЉW), (Ulysses, PA Quadrangle 41° 55Ј 53.93ЉN 77° 47Ј Љ (10) one 24 inch gas pipeline and two 6 inch waterlines 20.74 W); across an unnamed tributary to Little Pine Creek (EV) (3) a temporary road crossing using a 10 foot wide impacting 4 linear feet (Jersey Mills Quadrangle wood mat bridge and a 4 inch diameter natural gas 41°20Ј29Љ N 77°22Ј51ЉW), gathering line crossing an exceptional value palustrine (11) one 24 inch gas pipeline, two 6 inch waterlines, emergent wetland (EV-PEM) impacting 4,025 square feet (Ulysses, PA Quadrangle 41° 55Ј 55.39ЉN 77° 47Ј and 16 foot wide equipment matting impacting 543 Љ square feet of a palustrine emergent (PEM) wetland 45.16 W); (Jersey Mills Quadrangle 41°21Ј12Љ N 77°22Ј57ЉW), (4) a 4 inch diameter natural gas gathering line cross- (12) one 24 inch gas pipeline and two 6 inch waterlines ing an exceptional value palustrine emergent wetland impacting 97 square feet of a palustrine emergent (PEM) (EV-PEM) on each side of the Genesee River (CWF) wetland (Jersey Mills Quadrangle 41°21Ј24Љ N 77°23Ј impacting 207 square feet of wetlands and impacting 30 11ЉW). lineal feet of the Genesee River (Ulysses, PA Quadrangle 41° 55Ј 51.85ЉN 77° 47Ј 57.66ЉW); The project will result in 127 linear feet of temporary stream impacts and 7902 square feet of wetland impacts (5) a temporary road crossing using a 10 foot wide from utility line and temporary road crossings. These wood mat bridge and a 4 diameter inch natural gas crossings will accumulate a total of 0.33 acres of water- gathering line crossing an Unnamed Tributary to the course impacts and 0.18 acres of wetland impacts all for Genesee River (CWF) impacting 2 lineal feet (Ulysses, PA Ј Љ Ј Љ the purpose of installing a natural gas gathering line Quadrangle 41° 55 48.89 N 77° 48 1.47 W); with associated access roadways for Marcellus well devel- (6) a temporary road crossing using a 10 foot wide opment. wood mat bridge and a 4 diameter inch natural gas E5729-013: Chesapeake Appalachia, LLC, 101 N. gathering line crossing an exceptional value palustrine Main Street, Athens, PA 18810, Fox & Elkland Town- emergent wetland (EV-PEM) impacting 323 square feet Ј Љ Ј ships, Sullivan County, ACOE Baltimore District. (Ulysses, PA Quadrangle 41° 55 44.64 N 77° 47 56.80ЉW). To construct, operate, and maintain: The project will result in 34 linear feet of temporary (1) two 16.0 inch diameter temporary water lines and a stream impacts, and a total of 6,690 square feet (0.15 20 foot wide equipment mat across an unnamed tributary acres) of wetland impacts all for the purpose of installing to Porter Creek (EV) impacting 29 linear feet (Shunk a natural gas gathering line with associated access Quadrangle 41°32Ј29ЉN 76°42Ј15ЉW), roadways. (2) two 16.0 inch diameter temporary water lines and a E5829-003. Laser Northeast Gathering Company, 20 foot wide equipment mat across Porter Creek (EV) LLC; 333 Clay Street, Suite 4500, Houston, TX 77002- impacting 9 linear feet (Shunk Quadrangle 41°32Ј12ЉN 4102; Liberty, Franklin, Silver Lake, Forest Lake and 76°42Ј30ЉW). Middletown Townships, Susquehanna County, ACOE The project will result in 38 linear feet of temporary Baltimore District. stream impacts from water lines and temporary mat To construct, operate, and maintain: crossings. These crossings will accumulate a total of 0.02 acres of watercourse impacts all for the purpose of 1) A sixteen (16) inch natural gas gathering pipeline installing temporary water lines with associated access temporarily impacting 0.001 acres of Palustrine Scrub roadways for Marcellus well development. Shrub (PSS) Wetland; (Franklin Forks, PA, PA Quad- rangle N 41.93266° Lat., W -75.86549° Long.) E5729-001: Chesapeake Appalachia, LLC, 101 North Main Street, Athens, PA 18810, Elkland Township, Sul- 2) A sixteen (16) inch natural gas gathering pipeline livan County, ACOE Baltimore District. temporarily impacting 13.5 linear feet of an UNT Silver Creek (Chap. 93 CWF); (Franklin Forks, PA, PA Quad- To construct and maintain a 48 inch HDPE culvert with rangle N 41.92995° Lat., W -75.86936° Long.) a length of 47 feet embedded 6 inches into the stream bed with outlet protection of R-5 rock across unnamed tribu- 3) A sixteen (16) inch natural gas gathering pipeline tary to Elk Creek (HQ-CWF), for the purpose of providing temporarily impacting 13.1 linear feet of an UNT Silver access to a well pad. The project is located off of State Creek (Chap. 93 CWF); (Franklin Forks, PA, PA Quad- Route 4006 1 mile west of the intersection of State Route rangle N 41.92956° Lat., W -75.86973° Long.) 4008 (N: 10.3 inches, W: 7.8 inches, Latitude: 41° 33Ј Љ Ј Љ 4) A sixteen (16) inch natural gas gathering pipeline 22.82 , Longitude -76° 40 55.95 ) in Elkland Township, temporarily impacting 9.3 linear feet of an Intermittent Sullivan County. UNT Silver Creek (Chap. 93 CWF); (Franklin Forks, PA, E5329-001: Allegheny Enterprises, Inc, 3885 Roller PA Quadrangle N 41.92655° Lat., W -75.87515° Long.) Coaster Road, Corsica, PA 15829-3833, Bingham Town- 5) A sixteen (16) inch natural gas gathering pipeline ship, Potter County, ACOE Buffalo District. temporarily impacting 9.6 linear feet of an Intermittent To construct, operate and maintain: UNT Silver Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle N 41.92632° Lat., W -75.87527° Long.) (1) a temporary road crossing using a 10 foot wide wood mat bridge and a 4 inch diameter natural gas 6) A sixteen (16) inch natural gas gathering pipeline gathering line crossing an exceptional value palustrine temporarily impacting 0.003 acres of a Palustrine For- emergent wetland (EV-PEM) impacting 1,294 square feet ested (PFO) Wetland; (Laurel Lake, PA, PA Quadrangle N (Ulysses, PA Quadrangle 41° 56Ј 3.88ЉN 77° 46Ј 38.22ЉW); 41.92611° Lat., W -75.87539° Long.)

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7) A sixteen (16) inch natural gas gathering pipeline 23) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 5 linear feet of an Intermittent temporarily impacting 0.0001 acres of a Palustrine For- UNT Silver Creek (Chap. 93 CWF); (Laurel Lake, PA, PA ested (PFO) Wetland; (Laurel Lake, PA, PA Quadrangle N Quadrangle N 41.92093° Lat., W -75.88018° Long.) 41.91619° Lat., W -75.93349° Long.) 8) A sixteen (16) inch natural gas gathering pipeline 24) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 3.1 linear feet of an Intermittent temporarily impacting 0.005 acres of a Palustrine Emer- UNT Silver Creek (Chap. 93 CWF); (Laurel Lake, PA, PA gent (PEM) and Forested (PFO) Wetland; (Laurel Lake, Quadrangle N 41.92045° Lat., W -75.88314° Long.) PA, PA Quadrangle N 41.91620° Lat., W -75.93418° 9) A sixteen (16) inch natural gas gathering pipeline Long.) temporarily impacting 6.8 linear feet of an UNT Silver 25) A sixteen (16) inch natural gas gathering pipeline Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle temporarily impacting 15 linear feet of an UNT Silver N 41.92053° Lat., W -75.88475° Long.) Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle 10) A sixteen (16) inch natural gas gathering pipeline N 41.91356° Lat., W -75.93603° Long.) temporarily impacting 14.4 linear feet of an UNT Laurel 26) A sixteen (16) inch natural gas gathering pipeline Lake, PA Creek (Chap. 93 CWF); (Laurel Lake, PA, PA temporarily impacting 0.006 acres of a Palustrine Scrub Quadrangle N 41.92072° Lat., W -75.89270° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 11) A sixteen (16) inch natural gas gathering pipeline N 41.90221° Lat., W -75.95811° Long.) temporarily impacting 36.1 linear feet of Laurel Lake, PA 27) A sixteen (16) inch natural gas gathering pipeline Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle temporarily impacting 0.003 acres of a Palustrine Scrub N 41.92071° Lat., W -75.89331° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 12) A sixteen (16) inch natural gas gathering pipeline N 41.89732° Lat., W -75.95841° Long.) temporarily impacting 0.001 acres of a Palustrine Scrub 28) A sixteen (16) inch natural gas gathering pipeline Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle temporarily impacting 0.001 acres of a Palustrine Scrub N 41.91988° Lat., W -75.90046° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 13) A sixteen (16) inch natural gas gathering pipeline N 41.89542° Lat., W -75.95988° Long.) temporarily impacting 0.0005 acres of a Palustrine Scrub 29) A sixteen (16) inch natural gas gathering pipeline Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle temporarily impacting 0.003 acres of a Palustrine Scrub N 41.91982° Lat., W -75.90169° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 14) A sixteen (16) inch natural gas gathering pipeline N 41.89464° Lat., W -75.96128° Long.) temporarily impacting 6.3 linear feet of an UNT Silver 30) A sixteen (16) inch natural gas gathering pipeline Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle temporarily impacting 0.003 acres of a Palustrine Scrub N 41.91977° Lat., W -75.90310° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 15) A sixteen (16) inch natural gas gathering pipeline N 41.89552° Lat., W -75.96543° Long.) temporarily impacting 4.8 linear feet of an Intermittent 31) A sixteen (16) inch natural gas gathering pipeline UNT Silver Creek (Chap. 93 CWF); (Laurel Lake, PA, PA temporarily impacting 0.006 acres of a Palustrine Scrub Quadrangle N 41.91973° Lat., W -75.90369° Long.) Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quadrangle 16) A sixteen (16) inch natural gas gathering pipeline N 41.89410° Lat., W -75.97045° Long.) temporarily impacting 6.4 linear feet of an UNT Silver 32) A sixteen (16) inch natural gas gathering pipeline Creek (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle temporarily impacting 8.1 linear feet of an Intermittent N 41.91940° Lat., W -75.91030° Long.) UNT Middle Branch Wyalusing Creek (Chap. 93 CWF); 17) A sixteen (16) inch natural gas gathering pipeline (Laurel Lake, PA, PA Quadrangle N 41.88130° Lat., W temporarily impacting 0.0008 acres of a Palustrine Emer- -75.98703° Long.) gent (PEM) Wetland; (Laurel Lake, PA, PA Quadrangle N 33) A sixteen (16) inch natural gas gathering pipeline 41.91632° Lat., W -75.92018° Long.) temporarily impacting 23.3 linear feet of an UNT Middle 18) A sixteen (16) inch natural gas gathering pipeline Branch Wyalusing Creek (Chap. 93 CWF); (Laurel Lake, temporarily impacting 0.001 acres crossing of a PA, PA Quadrangle N 41.88141° Lat., W -75.98803° Palustrine Emergent (PEM) Wetland; (Laurel Lake, PA, Long.) PA Quadrangle N 41.91600° Lat., W -75.92074° Long.) 34) A sixteen (16) inch natural gas gathering pipeline 19) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 18.6 linear feet of an UNT Middle temporarily impacting 0.002 acres of an Palustrine Emer- Branch Wyalusing Creek (Chap. 93 CWF); (Laurel Lake, gent (PEM) Wetland; (Laurel Lake, PA, PA Quadrangle N PA, PA Quadrangle N 41.87440° Lat., W -75.99645° 41.91614° Lat., W -75.92105° Long.) Long.) 20) A sixteen (16) inch natural gas gathering pipeline 35) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 0.002 acres of a Palustrine Emer- temporarily impacting 0.005 acres of a Palustrine For- gent (PEM) Wetland; Laurel Lake, PA Topographic Quad- ested (PFO) Wetland; (Lawton, PA, PA Quadrangle N rangle N 41.91585° Lat., W -75.92210° Long. 41.87119° Lat., W -76.01026° Long.) 21) A sixteen (16) inch natural gas gathering pipeline 36) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 18.9 linear feet of Silver Creek temporarily impacting 22.2 linear feet of an UNT Middle (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle N Branch Wyalusing Creek (Chap. 93 CWF); (Lawton, PA, 41.91607° Lat., W -75.92955° Long.) PA Quadrangle N 41.87109° Lat., W -76.01118° Long.) 22) A sixteen (16) inch natural gas gathering pipeline 37) A sixteen (16) inch natural gas gathering pipeline temporarily impacting 0.005 acres of a Palustrine For- temporarily impacting 12.1 linear feet of an UNT Middle ested (PFO) Wetland; (Laurel Lake, PA, PA Quadrangle N Branch Wyalusing Creek (Chap. 93 CWF); (Lawton, PA, 41.91624° Lat., W -75.93288° Long.) PA Quadrangle N 41.87105° Lat., W -76.01154° Long.)

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38) A sixteen (16) inch natural gas gathering pipeline 53) A sixteen (16) inch natural gas gathering lateral temporarily impacting 16.8 linear feet of Stone Street pipeline temporarily impacting 0.001 acres of a Palustrine Creek (Chap. 93 CWF); (Lawton, PA, PA Quadrangle N Emergent (PEM) Wetland; (Laurel Lake, PA, PA Quad- 41.85768° Lat., W -76.03078° Long.) rangle N 41.88541° Lat., W -75.94941° Long.) 39) A sixteen (16) inch natural gas gathering pipeline 54) A sixteen (16) inch natural gas gathering lateral temporarily impacting 7.1 linear feet of an UNT Stone pipeline temporarily impacting 6.8 linear feet of an Street Creek (Chap. 93 CWF); (Lawton, PA, PA Quad- Intermittent UNT Forest Lake Creek (Chap. 93 CWF); rangle N 41.85698° Lat., W -76.03283° Long.) (Laurel Lake, PA, PA Quadrangle N 41.88478° Lat., W 40) A sixteen (16) inch natural gas gathering pipeline -75.94915° Long.) temporarily impacting 8.2 linear feet of an Intermittent 55) A sixteen (16) inch natural gas gathering lateral UNT Middle Branch Wyalusing Creek (Chap. 93 CWF); pipeline temporarily impacting 0.002 acres of a Palustrine (Lawton, PA, PA Quadrangle N 41.85225° Lat., W Scrub Shrub (PSS) Wetland; (Montrose West, PA, PA -76.03919° Long.) Quadrangle N 41.87237° Lat., W -75.94564° Long.) 41) A sixteen (16) inch natural gas gathering pipeline 56) A sixteen (16) inch natural gas gathering lateral temporarily impacting 0.0004 acres of a Palustrine Emer- pipeline temporarily impacting 0.0004 acres of a gent (PEM) Wetland; (Lawton, PA, PA Quadrangle N Palustrine Scrub Shrub (PSS) Wetland; (Montrose West, 41.84293° Lat., W -76.04368° Long.) PA, PA Quadrangle N 41.87248° Lat., W -75.94606° 42) A sixteen (16) inch natural gas gathering pipeline Long.) temporarily impacting 18.2 linear feet of an UNT Middle 57) A sixteen (16) inch natural gas gathering lateral Branch Wyalusing Creek (Chap. 93 CWF); (Lawton, PA, pipeline temporarily impacting 0.0005 acres of a PA Quadrangle at N 41.84121° Lat., W -76.04423° Long.) Palustrine Scrub Shrub (PSS) Wetland; (Montrose West, 43) A sixteen (16) inch natural gas gathering pipeline PA, PA Quadrangle N 41.87209° Lat., W -75.94528° temporarily impacting 0.005 acres of a Palustrine Emer- Long.) gent (PEM) Wetland; (Lawton, PA, PA Quadrangle N 58) A sixteen (16) inch natural gas gathering lateral 41.84046° Lat., W -76.04573° Long.) pipeline temporarily impacting 0.001 acres of a Palustrine 44) A sixteen (16) inch natural gas gathering pipeline Scrub Shrub (PSS) Wetland; (Laurel Lake, PA, PA Quad- temporarily impacting 0.005 acres of a Palustrine For- rangle N 41.89427° Lat., W -75.95673° Long.) ested (PFO) Wetland; (Lawton, PA, PA Quadrangle N 59) A sixteen (16) inch natural gas gathering lateral 41.84255° Lat., W -76.05213° Long.) pipeline temporarily impacting 0.002 acres of a Palustrine 45) A sixteen (16) inch natural gas gathering lateral Forested (PFO) Wetland; (Laurel Lake, PA, PA Quad- pipeline temporarily impacting 0.006 acres of a Palustrine rangle N 41.86999° Lat., W -75.96706° Long.) Scrub Shrub (PSS) Wetland; (Montrose West, PA, PA 60) A sixteen (16) inch natural gas gathering lateral Quadrangle N 41.85542 Lat., W -75.94710° Long.) pipeline temporarily impacting 0.001 acres of a Palustrine 46) A sixteen (16) inch natural gas gathering lateral Emergent (PEM) Wetland; (Laurel Lake, PA, PA Quad- pipeline temporarily impacting 16.9 linear feet of an rangle N 41.87961° Lat., W -75.97150° Long.) Intermittent UNT Forest Creek (Chap. 93 CWF); 61) A sixteen (16) inch natural gas gathering lateral (Montrose West, PA, PA Quadrangle N 41.84898° Lat., W pipeline temporarily impacting 0.002 acres of a Palustrine -75.94576° Long.) Emergent (PEM) Wetland; (Laurel Lake, PA, PA Quad- 47) A sixteen (16) inch natural gas gathering lateral rangle N 41.87993° Lat., W -75.97134° Long.) pipeline temporarily impacting 0.006 acres of a Palustrine 62) A sixteen (16) inch natural gas gathering lateral Emergent (PEM) Wetland; (Montrose West, PA, PA Quad- pipeline temporarily impacting 0.001 acres of a Palustrine rangle N 41.87022 Lat., W -75.94293° Long.) Emergent (PEM) Wetland; (Laurel Lake, PA, PA Quad- 48) A sixteen (16) inch natural gas gathering lateral rangle N 41.88176° Lat., W -75.97261° Long.) pipeline temporarily impacting 0.002 acres of a Palustrine 63) A sixteen (16) inch natural gas gathering lateral Scrub Shrub (PSS) Wetland; (Montrose West, PA, PA pipeline temporarily impacting 4.2 linear feet of an Quadrangle N 41.85767° Lat., W -75.94692° Long.) Intermittent UNT Middle Branch Wyalusing Creek 49) A sixteen (16) inch natural gas gathering lateral (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle N pipeline temporarily impacting 0.001 acres of a Palustrine 41.88201° Lat., W -75.97286° Long.) Scrub Shrub (PSS) Wetland; (Montrose West, PA, PA 64) A sixteen (16) inch natural gas gathering lateral Quadrangle N 41.85745° Lat., W -75.94693° Long.) pipeline temporarily impacting 3.9 linear feet of an 50) A sixteen (16) inch natural gas gathering lateral Intermittent UNT Middle Branch Wyalusing Creek pipeline temporarily impacting 3.8 linear feet of an (Chap. 93 CWF); (Laurel Lake, PA, PA Quadrangle N Intermittent UNT Forest Lake Creek (Chap. 93 CWF); 41.88301° Lat., W -75.97372° Long.) (Montrose West, PA, PA Quadrangle N 41.85717° Lat., W 65) A sixteen (16) inch natural gas gathering lateral -75.94696° Long.) pipeline temporarily impacting 3.4 linear feet of North 51) A sixteen (16) inch natural gas gathering lateral Branch Wyalusing Creek (Chap. 93 CWF); (Lawton, PA, pipeline temporarily impacting 4.4 linear feet of an PA Quadrangle N 41.85313° Lat., W -76.07754° Long.) Intermittent UNT Forest Lake Creek (Chap. 93 CWF); 66) A sixteen (16) inch natural gas gathering lateral (Montrose West, PA, PA Quadrangle N 41.85699° Lat., W pipeline temporarily impacting 0.0004 acres of a -75.94697° Long.) Palustrine Emergent (PEM) Wetland; (Lawton, PA, PA 52) A sixteen (16) inch natural gas gathering lateral Quadrangle N 41.84376° Lat., W -76.05824° Long.) pipeline temporarily impacting 0.001 acres of a Palustrine 67) A sixteen (16) inch natural gas gathering lateral Emergent (PEM) Wetland; (Laurel Lake, PA, PA Quad- pipeline temporarily impacting 4.4 linear feet of an rangle N 41.88563° Lat., W -75.94960° Long.) Intermittent UNT Middle Branch Wyalusing Creek

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(Chap. 93 CWF); (Lawton, PA, PA Quadrangle N 82) A bridge mat road crossing of an UNT Middle 41.84350° Lat., W -76.05701° Long.) Branch Wyalusing Creek (Chap. 93 CWF); temporarily impacting 18.6 linear feet; (Laurel Lake, PA Topographic 68) A sixteen (16) inch natural gas gathering lateral Quadrangle N 41.87440° Lat., W -75.99645° Long.) pipeline temporarily impacting 0.0005 acres of a Palustrine Emergent (PEM) Wetland; (Lawton, PA, PA 83) A bridge mat road crossing of an UNT Stone Street Quadrangle N 41.84349° Lat., W -76.05696° Long.) Creek (Chap. 93 CWF); temporarily impacting 7.1 linear feet; (Lawton, PA Topographic Quadrangle N 41.85698° 69) A bridge mat road crossing of an UNT Silver Creek Lat., W -76.03283° Long.) (Chap. 93 CWF); temporarily impacting 13.5 linear feet; (Franklin Forks, PA Topographic Quadrangle N 41.92995° 84) A bridge mat road crossing of an Intermittent UNT Lat., W -75.86936° Long.) Middle Branch Wyalusing Creek (Chap. 93 CWF); temporarily impacting 8.2 linear feet; (Lawton, PA Topographic 70) A bridge mat road crossing of an UNT Silver Creek Quadrangle N 41.85225° Lat., W -76.03919° Long.) (Chap. 93 CWF); temporarily impacting 13.1 linear feet; (Franklin Forks, PA Topographic Quadrangle at N 85) A wetland mat road crossing of a Palustrine Scrub 41.92956° Lat., W -75.86973° Long.) Shrub (PSS) Wetland; temporarily impacting 0.006; (Montrose West, PA Topographic Quadrangle N 41.85542 71) A bridge mat road crossing of an UNT Silver Creek Lat., W -75.94710° Long.) (Chap. 93 CWF); temporarily impacting 6.8 linear feet; (Laurel Lake, PA Topographic Quadrangle N 41.92053° 86) A bridge mat road crossing of an Intermittent UNT Lat., W -75.88475° Long.) Forest Creek (Chap. 93 CWF); temporarily impacting 16.9 linear feet; (Montrose West, PA Topographic Quadrangle 72) A bridge mat road crossing of an UNT Laurel Lake, N 41.84898° Lat., W -75.94576° Long.) PA Creek (Chap. 93 CWF); temporarily impacting 14.4 linear feet; (Laurel Lake, PA Topographic Quadrangle N 87) A wetland mat road crossing of a Palustrine Emer- 41.92072° Lat., W -75.89270° Long.) gent (PEM) Wetland; temporarily impacting 0.006 acres; (Montrose West, PA Topographic Quadrangle N 41.87022 73) A bridge mat road crossing of an UNT Silver Creek Lat., W -75.94293° Long.) (Chap. 93 CWF); temporarily impacting 6.3 linear feet; (Laurel Lake, PA Topographic Quadrangle N 41.91977° 88) A bridge mat road crossing of an Intermittent UNT Lat., W -75.90310° Long.) Forest Lake Creek (Chap. 93 CWF); temporarily impacting 3.8 linear feet; (Montrose West, PA Topographic 74) A bridge mat road crossing of an Intermittent UNT Quadrangle N 41.85717° Lat., W -75.94696° Long.) Silver Creek (Chap. 93 CWF); temporarily impacting 4.8 linear feet; (Laurel Lake, PA Topographic Quadrangle N 89) A wetland mat road crossing of a Palustrine Scrub 41.91973° Lat., W -75.90369° Long.) Shrub (PSS) Wetland; temporarily impacting 0.014 acres; (Laurel Lake, PA Topographic Quadrangle N 41.89427° 75) A wetland mat road crossing of a Palustrine Emer- Lat., W -75.95673° Long.) gent (PEM) Wetland; located at N 41.91632° Lat., W -75.92018° Long.; temporarily impacting 0.0099 acres; 90) A wetland mat road crossing of a Palustrine Emer- (Laurel Lake, PA Topographic Quadrangle N 41.91632° gent (PEM) Wetland; temporarily impacting 0.0406 acres; Lat., W -75.92018° Long.) (Laurel Lake, PA Topographic Quadrangle N 41.88176° Lat., W -75.97261° Long.) 76) A wetland mat road crossing of a Palustrine Emer- gent (PEM) Wetland; located at N 41.91600° Lat., W 91) A bridge mat road crossing of an Intermittent UNT -75.92074° Long.; temporarily impacting 0.0132 acres; Middle Branch Wyalusing Creek (Chap. 93 CWF); tempo- (Laurel Lake, PA Topographic Quadrangle N 41.91632° rarily impacting 3.9 linear feet; (Laurel Lake, PA Topo- Lat., W -75.92018° Long.) graphic Quadrangle N 41.88301° Lat., W -75.97372° Long.) 77) A wetland mat road crossing of a Palustrine Emer- gent (PEM) Wetland; located at N 41.91614° Lat., W 92) A wetland mat road crossing of a Palustrine Emer- -75.92105° Long.; temporarily impacting 0.0225 acres; gent (PEM) Wetland; temporarily impacting 0.0047 acres; (Laurel Lake, PA Topographic Quadrangle N 41.91632° (Lawton, PA Topographic Quadrangle N 41.84376° Lat., Lat., W -75.92018° Long.) W -76.05824° Long.) 78) A wetland mat road crossing of a Palustrine Emer- 93) A wetland mat road crossing of a Palustrine Emer- gent (PEM) Wetland; located at N 41.91585° Lat., W gent (PEM) Wetland; temporarily impacting 0.0059 acres; -75.92210° Long.; temporarily impacting 0.0183 acres; (Lawton, PA, PA Topographic Quadrangle N 41.84349° (Laurel Lake, PA Topographic Quadrangle N 41.91632° Lat., W -76.05696° Long.) Lat., W -75.92018° Long.) The proposed Laser Northeast Gathering Susquehanna 79) A bridge mat road crossing of an UNT Silver Creek Pipeline—South Leg consists of the construction, opera- (Chap. 93 CWF); temporarily impacting 15 linear feet; tion, and maintenance of approximately 14.4 miles of the (Laurel Lake, PA Topographic Quadrangle N 41.91356° primary leg of a natural gas gathering system which is Lat., W -75.93603° Long.) comprised of a sixteen inch coated steel pipe, buried to 80) A bridge mat road crossing of an Intermittent UNT approximately three feet, collecting gas from three later- Middle Branch Wyalusing Creek (Chap. 93 CWF); tempo- als of similar construction but ten inches in diameter. The rarily impacting 8.1 linear feet; (Laurel Lake, PA Topo- linear length of the three laterals is approximately two, graphic Quadrangle N 41.88130° Lat., W -75.98703° 2.1, and 5.4 miles in length. The natural gas gathering Long.) system is proposed for Liberty, Franklin, Silver Lake, Forest Lake and Middletown Township/s, Susquehanna 81) A bridge mat road crossing of an UNT Middle County, Pennsylvania. All stream and wetlands crossings Branch Wyalusing Creek (Chap. 93 CWF); temporarily are proposed to be constructed using the Horizontal impacting 23.3 linear feet; (Laurel Lake, PA Topographic Directional Drill method. Total Temporary Impacts for Quadrangle N 41.88141° Lat., W -75.98803° Long.) this site are 350.2 lineal feet of stream crossings and

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8,056.2 square feet (0.185 acre) of wetland impacts. There 11) a 20 inch diameter and an 8 inch diameter natural are no permanent impacts associated with this site. gas gathering line crossing Salt Spring Run (HQ-CWF) impacting 2,403 square feet (Liberty, PA Quadrangle 41° E5929-004: East Resources Management, L.L.C., 34Ј 21.33ЉN 77° 0Ј 45.19ЉW); 190 Thorn Hill Road, Warrendale, PA 15086, Union and Liberty Township, Tioga County, ACOE Baltimore Dis- 12) a temporary road crossing using a 20 foot long, 24 trict. inch diameter corrugated metal pipe, a 20 inch diameter and an 8 inch diameter natural gas gathering line To construct and maintain: crossing an unnamed tributary (UNT) to Salt Spring Run 1) a 20 inch diameter and an 8 inch diameter natural (HQ-CWF) impacting 92 square feet (Liberty, PA Quad- Ј Љ Ј Љ gas gathering line crossing Sugar Works Run (HQ-CWF) rangle 41° 34 9.03 N 77° 1 26.30 W); impacting 2,015 square feet (Ralston, PA Quadrangle 41° 13) a temporary road crossing using a 20 foot long, 18 36Ј 5.94ЉN 76° 56Ј 11.81ЉW); inch diameter corrugated metal pipe, a 20 inch diameter and an 8 inch diameter natural gas gathering line 2) a temporary road crossing using a 20 foot long, 18 crossing an unnamed tributary (UNT) to Brion Creek inch diameter corrugated metal pipe, a 20 inch diameter (HQ-CWF) impacting 93 square feet (Liberty, PA Quad- and an 8 inch diameter natural gas gathering line rangle 41° 33Ј 44.7ЉN 77° 1Ј 15.7ЉW); crossing an unnamed tributary (UNT) to Sugar Works Run (HQ-CWF) impacting 337 square feet (Ralston, PA 14) a temporary road crossing using a 20 foot long, 24 Quadrangle 41° 36Ј 3.99ЉN 76° 56Ј 37.68ЉW); inch diameter corrugated metal pipes, a 20 inch diameter and an 8 inch diameter natural gas gathering line 3) a temporary road crossing using a 20 foot long, 39 crossing an unnamed tributary (UNT) to Brion Creek inch diameter corrugated metal pipes, a 20 inch diameter (HQ-CWF) impacting 796 square feet (Liberty, PA Quad- and an 8 inch diameter natural gas gathering line rangle 41° 33Ј 32.33ЉN 77° 1Ј 26.2ЉW); crossing Mill Creek (HQ-CWF) impacting 1,193 square feet (Ralston, PA Quadrangle 41° 36Ј 6.19ЉN 76° 57Ј 15) a temporary road crossing using a 20 foot long, 18 26.92ЉW); inch diameter corrugated metal pipes, a 20 inch diameter and an 8 inch diameter natural gas gathering line 4) a temporary road crossing using two 20 foot long, 24 crossing an unnamed tributary (UNT) to Brion Creek inch diameter corrugated metal pipes, a 20 inch diameter (HQ-CWF) impacting 979 square feet (Liberty, PA Quad- and an 8 inch diameter natural gas gathering lines rangle 41° 33Ј 9.98ЉN 77° 2Ј 13.29ЉW); crossing an unnamed tributary (UNT) to West Mill Creek (HQ-CWF) impacting 1,411 square feet (Ralston, PA 16) a temporary road crossing using a 20 foot long, 18 Quadrangle 41° 36Ј 1.59ЉN 76° 58Ј 18.05ЉW); inch diameter corrugated metal pipe, a 20 inch diameter and an 8 inch diameter natural gas gathering line 5) a temporary road crossing using a 20 foot long, 18 crossing an unnamed tributary (UNT) to Brion Creek inch diameter corrugated metal pipe, a 20 inch diameter (HQ-CWF) impacting 264 square feet (Liberty, PA Quad- and an 8 inch diameter natural gas gathering line rangle 41° 33Ј 8.08ЉN 77° 2Ј 11.20ЉW); crossing an unnamed tributary (UNT) to West Mill Creek 17) a 20 inch diameter and an 8 inch diameter natural (HQ-CWF) impacting 352 square feet (Ralston, PA Quad- gas gathering line crossing an exceptional value rangle 41° 35Ј 35ЉN 76° 58Ј 48.07ЉW); palustrine emergent (EV-PEM) wetland impacting 821 6) a 20 inch diameter and an 8 inch diameter natural square feet (Ralston, PA Quadrangle 41° 36Ј 2.25ЉN 76° gas gathering line crossing West Mill Creek (HQ-CWF) 56Ј 12.80ЉW); impacting 2,391 square feet (Ralston, PA Quadrangle 41° Ј Љ Ј Љ 18) a temporary road crossing using a wood mat 35 33.73 N 76° 58 50.16 W); bridge, a 20 inch diameter and an 8 inch diameter 7) a temporary road crossing using a 20 foot long, 18 natural gas gathering line crossing a palustrine emergent inch diameter corrugated metal pipe, a 20 inch diameter (PEM) wetland impacting 268 square feet (Ralston, PA and an 8 inch diameter natural gas gathering line Quadrangle 41° 36Ј 2.61ЉN 76° 56Ј 21.39ЉW); crossing an unnamed tributary (UNT) to French Lick Run 19) a temporary road crossing using a wood mat bridge (HQ-CWF) impacting 1,384 square feet (Ralston, PA crossing a palustrine emergent and palustrine scrub- Ј Љ Ј Љ Quadrangle 41° 35 29.70 N 76° 58 54.37 W); shrub (PEM/PSS) wetland impacting 2,226 square feet Ј Љ Ј Љ 8) a temporary road crossing using a 20 foot long, 24 (Ralston, PA Quadrangle 41° 36 1.89 N 76° 56 20.98 W); inch diameter corrugated metal pipes, a 20 inch diameter 20) a temporary road crossing using a wood mat and an 8 inch diameter natural gas gathering line bridge, a 20 inch diameter and an 8 inch diameter crossing French Lick Run (HQ-CWF) impacting 1,416 natural gas gathering line crossing a palustrine emergent square feet (Ralston, PA Quadrangle 41° 35Ј 00.14ЉN 76° (PEM) wetland impacting 4,957 square feet (Ralston, PA 59Ј 25.89ЉW); Quadrangle 41° 36Ј 2.43ЉN 76° 56Ј 25.89ЉW); 9) a temporary road crossing using a 20 foot long, 24 21) a temporary road crossing using a wood mat inch diameter corrugated metal pipe, a 20 inch diameter bridge, a 20 inch diameter and an 8 inch diameter and an 8 inch diameter natural gas gathering line natural gas gathering line crossing an exceptional value crossing an unnamed tributary (UNT) to French Lick Run palustrine emergent (EV-PEM) wetland impacting 4,020 (HQ-CWF) impacting 422 square feet (Ralston, PA Quad- square feet (Ralston, PA Quadrangle 41° 36Ј 2.58ЉN 76° rangle 41° 34Ј 49.44ЉN 76° 59Ј 37.71ЉW); 56Ј 30.27ЉW); 10) a temporary road crossing using two 20 foot long, 22) a temporary road crossing using a wood mat 24 inch diameter corrugated metal pipe, a 20 inch bridge, a 20 inch diameter and an 8 inch diameter diameter and an 8 inch diameter natural gas gathering natural gas gathering line crossing an exceptional value line crossing an unnamed tributary (UNT) to Salt Spring palustrine emergent (EV-PEM) wetland impacting 1,068 Run (HQ-CWF) impacting 766 square feet (Liberty, PA square feet (Ralston, PA Quadrangle 41° 36Ј 3.22ЉN 76° Quadrangle 41° 34Ј 21.88ЉN 77° 0Ј 21.88ЉW); 56Ј 33.57ЉW);

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23) a 20 inch diameter and an 8 inch diameter natural palustrine emergent (EV-PEM) wetland impacting 531 gas gathering line crossing a palustrine emergent (PEM) square feet (Liberty, PA Quadrangle 41° 34Ј 21.29ЉN 77° wetland impacting 174 square feet (Ralston, PA Quad- 0Ј 46.66ЉW); rangle 41° 36Ј 5.16ЉN 76° 57Ј 21.25ЉW); 36) a temporary road crossing using a wood mat 24) a 20 inch diameter and an 8 inch diameter natural bridge, a 20 inch diameter and an 8 inch diameter gas gathering line crossing a palustrine emergent (PEM) natural gas gathering line crossing an exceptional value wetland impacting 122 square feet (Ralston, PA Quad- palustrine emergent (EV-PEM) wetland impacting 167 rangle 41° 36Ј 5.86ЉN 76° 57Ј 22.41ЉW); square feet (Liberty, PA Quadrangle 41° 34Ј 20.45ЉN 77° Ј Љ 25) a temporary road crossing using a wood mat 0 49.95 W); bridge, a 20 inch diameter and an 8 inch diameter 37) a temporary road crossing using a wood mat natural gas gathering line crossing an exceptional value bridge, a 20 inch diameter and an 8 inch diameter palustrine emergent/palustrine forested (EV-PEM/PFO) natural gas gathering line crossing a palustrine scrub- wetland impacting 10,305 square feet (Ralston, PA Quad- shrub (PSS) wetland impacting 4,696 square feet (Liberty, rangle 41° 36Ј 6.65ЉN 76° 57Ј 25.48ЉW); PA Quadrangle 41° 34Ј 16.32ЉN 77° 1Ј 15.24ЉW); 26) a 20 inch diameter and an 8 inch diameter natural 38) a temporary road crossing using a wood mat gas gathering line crossing an exceptional value bridge, a 20 inch diameter and an 8 inch diameter palustrine emergent/palustrine scrub-shrub (EV-PEM/ natural gas gathering line crossing an exceptional value PSS) wetland impacting 1,109 square feet (Ralston, PA palustrine emergent (EV-PEM) wetland impacting 1,814 Quadrangle 41° 36Ј 5.59ЉN 76° 57Ј 28.38ЉW); square feet (Liberty, PA Quadrangle 41° 34Ј 10.49ЉN 77° 27) a temporary road crossing using a wood mat 1Ј 26.65ЉW); bridge, a 20 inch diameter and an 8 inch diameter 39) a temporary road crossing using a wood mat natural gas gathering line crossing an exceptional value bridge, a 20 inch diameter and an 8 inch diameter palustrine emergent/palustrine scrub-shrub (EV-PEM/ natural gas gathering line crossing an exceptional value PSS) wetland impacting 2,109 square feet (Ralson, PA palustrine emergent (EV-PEM) wetland impacting 294 Quadrangle 41° 36Ј 8.55ЉN 76° 57Ј 30.15ЉW); square feet (Liberty, PA Quadrangle 41° 34Ј 8.96ЉN 77° 1Ј 28) a temporary road crossing using a wood mat bridge 27.15ЉW); crossing a palustrine emergent (PEM) wetland impacting 40) a temporary road crossing using a wood mat 434 square feet (Ralson, PA Quadrangle 41° 36Ј 14.12ЉN bridge, a 20 inch diameter and an 8 inch diameter 76° 57Ј 33.99ЉW); natural gas gathering line crossing a palustrine emergent 29) a temporary road crossing using a wood mat (PEM) wetland impacting 1,795 square feet (Liberty, PA bridge, a 20 inch diameter and an 8 inch diameter Quadrangle 41° 33Ј 12.36ЉN 77° 2Ј 15.96ЉW); natural gas gathering line crossing a palustrine emergent 41) a temporary road crossing using a wood mat (PEM) wetland impacting 2,680 square feet (Ralston, PA bridge, a 20 inch diameter and an 8 inch diameter Quadrangle 41° 36Ј 5.03ЉN 76° 58Ј 7.86ЉW); natural gas gathering line crossing a palustrine emergent 30) a temporary road crossing using a wood mat (PEM) wetland impacting 2,293 square feet (Liberty, PA bridge, a 20 inch diameter and an 8 inch diameter Quadrangle 41° 33Ј 6.06ЉN 77° 2Ј 8.89ЉW); natural gas gathering line crossing an exceptional value 42) a 20 inch diameter and an 8 inch diameter natural palustrine emergent (EV-PEM) wetland impacting 2,273 gas gathering line crossing a palustrine emergent (PEM) square feet (Ralston, PA Quadrangle 41° 35Ј 00.95ЉN 76° wetland impacting 54 square feet (Liberty, PA Quadrangle 59Ј 23.87ЉW); 41° 33Ј 3.28ЉN 77° 2Ј 6.79ЉW); 31) a temporary road crossing using a wood mat 43) a temporary road crossing using a wood mat bridge bridge, a 20 inch diameter and an 8 inch diameter crossing a palustrine emergent (PEM) wetland impacting natural gas gathering line crossing a palustrine emergent 1,412 square feet (Liberty, PA Quadrangle 41° 33Ј 6.41ЉN (PEM) wetland impacting 527 square feet (Ralston, PA 76° 2Ј 2.56ЉW); Quadrangle 41° 34Ј 59.40ЉN 76° 59Ј 28.59ЉW); 44) a temporary road crossing using a wood mat 32) a temporary road crossing using a wood mat bridge, a 20 inch diameter and an 8 inch diameter bridge, a 20 inch diameter and an 8 inch diameter natural gas gathering line crossing a palustrine natural gas gathering line crossing an exceptional value emergent/palustrine scrub-shrub (PEM/PSS) wetland im- palustrine emergent (EV-PEM) wetland impacting 4,998 pacting 1,243 square feet (Liberty, PA Quadrangle 41° 32Ј Ј Љ square feet (Ralston, PA Quadrangle 41° 34 32.69 N 76° 59.45ЉN 77° 2Ј 1.29ЉW); 59Ј 59.71ЉW); The project will result in 407.68 linear feet of tempo- 33) a temporary road crossing using a wood mat rary stream impacts, a total of 63,276 square feet (1.45 bridge, a 20 inch diameter and an 8 inch diameter acres) of temporary wetland impacts, and a total of 4,283 natural gas gathering line crossing an exceptional value square feet (0.098 acres) of permanent wetland impacts palustrine emergent (EV-PEM) wetland impacting 10,565 Ј Љ all for the purpose of installing a natural gas gathering square feet (Liberty, PA Quadrangle 41° 34 32.65 N 77° line with associated access roadways. 0Ј 3.06ЉW); E1729-001. EQT Production Company, 455 Race- 34) a temporary road crossing using a wood mat track Road, Suite 101, Washington, PA, 15301. Hurd bridge, a 20 inch diameter and an 8 inch diameter Pipeline Project 2, in Ferguson and Jordan Townships, natural gas gathering line crossing an exceptional value Clearfield County, ACOE Baltimore District. palustrine emergent/palustrine scrub-shrub (EV-PEM/ PSS) wetland impacting 4,604 square feet (Liberty, PA Applicant proposes to construct, operate, and maintain: Quadrangle 41° 34Ј 22.18ЉN 77° 0Ј 35.69ЉW); (1) a temporary road crossing consisting of two 10 foot 35) a 20 inch diameter and an 8 inch diameter natural long, 12 inch diameter culvert pipes and a 6 inch gas gathering line crossing an exceptional value diameter natural gas pipeline crossing impacting 49

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6148 NOTICES linear feet of an Unnamed Tributary to Barrett Run unnamed tributary to German Run (Lairdsville Quad- (CWF) (Westover, PA Quadrangle, Latitude: 40°50Ј39.67Љ, rangle 41°12Ј14ЉN 76°35Ј09ЉW), Ј Љ Longitude: 78°38 19.84 ); (7) one 12 inch gas pipeline across an unnamed tribu- (2) a temporary road crossing consisting of four 15 foot tary to German Run (CWF, MF) impacting 63 linear feet long, 12 inch diameter culvert pipes and a 6 inch (Lairdsville Quadrangle 41°12Ј11ЉN 76°35Ј16ЉW), diameter natural gas pipeline impacting 50 lineal feet of (8) one 12 inch gas pipeline impacting 3562 square feet Barrett Run (CWF) and 15 square feet (0.01 acres) of of a palustrine emergent (PEM) wetland adjacent to an permanent PEM wetland impacts (Westover, PA Quad- unnamed tributary to German Run (Lairdsville Quad- Ј Љ Ј Љ rangle, Latitude: 40°50 39.58 , Longitude: 78°38 0.62 ); rangle 41°12Ј28ЉN 76°35Ј52ЉW), (3) a temporary road crossing consisting of two 20 foot (9) one 12 inch gas pipeline across an unnamed tribu- long, 12 inch diameter culvert pipes and a 6 inch tary to German Run (CWF, MF) impacting 62 linear feet diameter natural gas pipeline impacting 48 linear feet of (Lairdsville Quadrangle 41°12Ј30ЉN 76°35Ј52ЉW), an Unnamed Tributary to Barrett Run (CWF) (Westover, PA Quadrangle, Latitude: 40°50Ј30.36Љ, Longitude: (10) one 12 inch gas pipeline across an unnamed 78°37Ј47.87Љ); tributary to German Run (CWF, MF) impacting 79 linear feet (Lairdsville Quadrangle 41°12Ј34ЉN 76°36Ј09ЉW), (4) a temporary road crossing consisting of one 12 foot long, 12 inch diameter culvert pipe and a 6 inch diameter (11) one 12 inch gas pipeline across an unnamed natural gas pipeline impacting 41 lineal feet of an tributary to Little Muncy Creek (CWF, MF) impacting 81 linear feet (Lairdsville Quadrangle 41°13Ј12ЉN 76°34Ј Unnamed Tributary to Barrett Run (CWF) (Westover, PA Љ Quadrangle, Latitude: 40°50Ј29.77Љ, Longitude: 78°37Ј 07 W), 45.43Љ); (12) one 12 inch gas pipeline across an unnamed (5) a temporary road crossing consisting of one 9 foot tributary to West Branch Run (CWF, MF) impacting 26 linear feet (Lairdsville Quadrangle 41°12Ј51ЉN 76°32Ј long, 12 inch diameter culvert pipe and a 6 inch diameter Љ natural gas pipeline impacting 39 lineal feet of an 53 W). Unnamed Tributary to Barrett Run (CWF) (Westover, PA The project will result in 648 linear feet of temporary Quadrangle, Latitude: 40°50Ј27.80Љ, Longitude: 78°37Ј stream impacts and 4399 square feet of wetland impacts 42.84Љ); from utility line crossings. These crossings will accumulate a total of 0.09 acres of watercourse impacts and 0.10 (6) a temporary road crossing consisting of one 15.0 acres of wetland impacts all for the purpose of installing foot long, 12 inch diameter culvert pipe and a 6 inch a natural gas gathering line with associated access diameter natural gas pipeline impacting 45 lineal feet of roadways for Marcellus well development. North Witmer Run (CWF) (Irvona, PA Quadrangle, Lati- tude: 40°49Ј42.54Љ, Longitude: 78°36Ј33.39Љ); Southcentral Region: Water Management Program Man- ager, 909 Elmerton Avenue, Harrisburg, PA 17110. Tele- The project will result in 103.0 lineal feet of permanent phone: 717-705-4707. stream impacts, 15.0 square feet (0.01 acres) of permanent PEM wetlands impacts, and 272.0 lineal feet of E67-893: P. H. Glatfelter Company, 228 South Main temporary stream impacts, all for the purpose of install- Street, Spring Grove, Pennsylvania 17362, in Spring ing a natural gas gathering line and associated access Grove Borough, York County, ACOE Baltimore District. roadways. To: 1) construct and maintain a temporary 22.05-foot E4129-013: Chief Gathering, LLC, 6051 Wallace wide, single span bridge having a normal span of 144.6 Road, Suite 210, Wexford, PA 15090, Franklin & Jordan feet and an underclearance of 12.0 feet across Codorus Townships, Lycoming County, ACOE Baltimore District. Creek (WWF, MF), 2) to temporarily place and maintain fill in 0.02 acre of emergent/forested wetland for the To construct, operate, and maintain: purpose of improving transportation safety on the P. H. (1) one 12 inch gas pipeline impacting 76 linear feet of Glatfelter property. The project is located along Route an unnamed tributary to Little Muncy Creek (CWF, MF) 116/York Road/Hanover Road on the P. H. Glatfelter and 485 square feet of adjacent palustrine forested (PFO) property, approximately 800.0 feet downstream of the wetland (Lairdsville Quadrangle 41°14Ј16ЉN 76°35Ј57ЉW), existing bridge (Seven Valleys, PA Quadrangle; N: 22.0 inches, W: 16.0 inches; Latitude: 39°52Ј14.8Љ, Longitude: (2) one 12 inch gas pipeline across an unnamed tribu- -76°51Ј45.2Љ) in Spring Grove Borough, York County. The tary to Little Muncy Creek (CWF, MF) impacting 64 amount of wetland impact is considered a deminimus linear feet (Lairdsville Quadrangle 41°14Ј01ЉN 76°35Ј impact of 0.02 acre and wetland mitigation is not re- 12ЉW), quired. (3) one 12 inch gas pipeline across an unnamed tribu- Southwest Region: Watershed Management Program tary to Little Muncy Creek (CWF, MF) impacting 63 Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- linear feet (Lairdsville Quadrangle 41°13Ј36ЉN 76°34Ј 4745. 16ЉW), E02-1652. Pennsylvania Department of Transpor- (4) one 12 inch gas pipeline across an unnamed tribu- tation, District 11-0, 45 Thoms Run Road, Bridgeville, tary to Little Muncy Creek (CWF, MF) impacting 65 PA 15017-2834. The applicant proposes to remove the linear feet (Lairdsville Quadrangle 41°13Ј29ЉN 76°34Ј existing 32.2Ј wide, 50Ј long, single span, two lane and 16ЉW), side walk, 65 degree skew SR 2058 bridge; and to Ј Ј (5) one 12 inch gas pipeline across an unnamed tribu- construct and maintain a new 33.4 wide, 50.4 long, single span, two lane bridge with an underclearance of tary to German Run (CWF, MF) impacting 69 linear feet Ј (Lairdsville Quadrangle 41°12Ј15ЉN 76°35Ј09ЉW), 11 with a 55 degree skew over Plum Creek (WWF); to construct and maintain associated outfalls; and construct (6) one 12 inch gas pipeline impacting 352 square feet a temporary stream diversion. (New Kensington West PA of a palustrine emergent (PEM) wetland adjacent to an Quadrangle N: 2.5 inches; W: 7.75 inches; Latitude: 40°

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30Ј 50.8Љ; Longitude: 79° 48Ј 17.8Љ) between Plum Bor- Longitude: -77° 42Ј 29Љ; Galeton, PA Quadrangle; Lati- ough and the Municipality of Penn Hills, Allegheny tude: 41° 42Ј 58Љ, Longitude: -77° 42Ј 51Љ). County. DAM SAFETY Northcentral Region: Oil and Gas Management Pro- Central Office: Bureau of Waterways Engineering, 400 gram Manager, 208 West Third Street, Suite 101, Market Street, Floor 3, PO Box 8554, Harrisburg, PA Williamsport, PA 17701 17105-8554. E4129-012: Seneca Resources Corporation,51 D23-094A. Upper Darby Township, 100 Garrett Zents Boulevard, Brookville, PA 15825, Lewis & McIntyre Road, Room 301, Upper Darby, PA 19082-3135. To operate Townships, Lycoming County, ACOE Baltimore District. and maintain Naylor’s Run Dam across Naylor’s Run This project was mistakenly published in the PA Bulle- (WWF, MF). This structure was constructed under an tin on October 29, 2011 as an application. The project was emergency permit, EP-D23-094, after the original struc- properly published as an application on June 25, 2011, ture was severely damaged and breached during heavy and as an action on October 29, 2011. storm events in August 2004. (Lansdowne, PA Quadrangle E5729-014: Chesapeake Appalachia, LLC, 101 N. N: 14.6 inches; W 4.1 inches) Upper Darby Township, Main Street, Athens, PA 18810, Elkland Township, Sul- Delaware County. livan County, ACOE Baltimore District. EROSION AND SEDIMENT CONTROL This project was mistakenly published in the PA Bulle- The following Erosion and Sediment Control permits tin on October 29, 2011 as an application. The project was have been issued. properly published as an application on July 23, 2011, and as an action on October 29, 2011. Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under sec- E5929-019: SWEPI LP, 190 Thorn Hill Road, War- tion 4 of the Environmental Hearing Board Act and 2 rendale, PA 15086, Charleston and Delmar Townships, Pa.C.S. §§ 501—508 and 701—704. The appeal should be Tioga County, ACOE Baltimore District. sent to the Environmental Hearing Board, Second Floor, This project was mistakenly published in the PA Bulle- Rachel Carson State Office Building, 400 Market Street, tin on October 29, 2011 as an application. The project was PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. properly published as an application on July 16, 2011, TDD users may contact the Board through the Pennsylva- and as an action on October 29, 2011. nia Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this E5929-020: SWEPI LP, 190 Thorn Hill Road, War- notice in the Pennsylvania Bulletin unless the appropri- rendale, PA 15086, Rutland Township, Tioga County, ate statute provides a different time period. Copies of the ACOE Baltimore District. appeal form and the Board’s rules of practice and proce- This project was mistakenly published in the PA Bulle- dure may be obtained from the Board. The appeal form tin on October 29, 2011 as an application. The project was and the Board’s rules of practice and procedure are also properly published as an application on July 23, 2011, available in Braille or on audiotape from the Secretary to and as an action on October 29, 2011. the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that ENVIRONMENTAL ASSESSMENTS permitted by applicable statutes and decisional law. Southcentral Region: Water Management Program Man- For individuals who wish to challenge an action, the ager, 909 Elmerton Avenue, Harrisburg, PA 17110 appeal must reach the Board within 30 days. A lawyer is EA05-011: Broad Top Township, PO Box 57, Defi- not needed to file an appeal with the Board. ance, Pennsylvania 16633, in Broad Top Township and Important legal rights are at stake, however, so indi- Coaldale Borough, Bedford County, ACOE Baltimore viduals should show this notice to a lawyer at once. District Persons who cannot afford a lawyer may qualify for free To construct and maintain two 8.0-inch waterline cross- pro bono representation. Call the Secretary to the Board ings in and across Sixmile Run (WWF) for the purpose of at (717) 787-3483 for more information. capturing two Acid Mine Drainage (AMD) discharges and Southwest Region: Oil & Gas Program Manager, 400 conveying them approximately 2,700.0 feet to a proposed Waterfront Drive, Pittsburgh, PA AMD treatment site. The project is located along the southern border of Coaldale (Saxton, PA Quadrangle; 10/11/2011 Latitude: 40°09Ј56Љ, Longitude: -78°13Ј10Љ) in Broad Top ESCGP-1 No: ESX10-051-0035 Minor Revision Township and Coaldale Borough, Bedford County. Applicant Name: Burnett Oil Co Inc Contact Person Robert Hilliard Central Office: Bureau of Waterways Engineering, Address: 601 Technology Drive Pointe Plaza Bldg Suite Rachel Carson State Office Building, Floor 3, 400 Market 120 Street, Harrisburg, PA 17105 City: Canonsburg State: PA Zip Code: 15317 County: Fayette Township: Springhill D53-029EA and D53-030EA. Galeton Borough Au- Receiving Stream (s) And Classifications: Rubies Run- thority, 4 Sherman Street, Galeton, PA 16922. West CWF, Other Branch Township, Potter County, ACOE Baltimore Dis- trict. Project proposes to breach and remove Wetmore 10/11/2011 Run Dam across Wetmore Run and Right Br Dam across ESCGP-1 No.: ESX11-125-0036 Minor Revision Right Branch Wetmore Run (HQ-CWF) for the purpose of Applicant Name: Rice Drilling B LLC eliminating a threat to public safety and restoring the Contact Person: Toby Rice stream to a free flowing condition. The dams are located Address: 171 Hillpointe Drive approximately one-half mile Northwest of the intersection City: Canonsburg State: PA Zip Code: 15317 of West Branch Road (SR200) and Crippen Run Road County: Washington Township(s): Amwell and North (T536) (Galeton, PA Quadrangle; Latitude: 41° 43Ј 11Љ, Bethlehem

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Receiving Stream(s) and Classifications: Shipe Run-TSF, City: Warrendale State: PA Zip Code 15086 Potato Run-TSF, Brush Run-TSF, Pine Run-TSF, County: Armstrong Township(s): Sugarcreek Tenmile Creek Watershed Receiving Stream(s) and Classifications: Snyders Run 08/08/2011 CWF, Other ESCGP-1 No.: ESX11-125-0069 9/21/2011 Applicant Name: Chevron Appalachia LLC ESCGP-1 No.: ESX11-125-0084 Contact Person: Jeremy Hirtz Applicant Name: Range Resources—Appalachia, LLC Address: 800 Mountain View Drive Contact Person: Glenn Truzzi City: Smithfield State: Pa Zip Code: 15478 Address: 380 Southpointe Boulevard Suite 300 County: Washington Township(s): West Bethlehem City: Canonsburg State: PA Zip Code: 15317 Receiving Stream(s) and Classifications: Horn Run & County: Washington Township(s): Independence Little Daniels Run/Tenmile Creek Watershed, Other Receiving Stream(s) and Classifications: UNT to Cross 01/04/2011 Creek/Raccoon Creek Watershed, Other ESCGP-1 No.: ESX10-125-0106 09/14/2011 Applicant Name: Range Resources—Appalachia LLC ESCGP-1 No.: ESX10-059-0084 2nd Major Revision Contact Person: Carla Suszkowski Applicant Name: Energy Corporation of America Address: 380 Southpointe Boulevard Contact Person: Mark Fry City: Canonsburg State: PA Zip Code: 15317 Address: 1380 Route 286 Highway East Suite 221 County: Washington Township(s): Hanover City: Indiana State: PA Zip Code: 15701 Receiving Stream(s) and Classifications: Trib 33136 to County: Greene Township(s): Cumberland Harmon Creek and Ward Run/ Harmon Creek and Receiving Stream(s) and Classifications: UNT to Muddy Ward Run, Other Creek WWF/Upper Monongahela, HQ 8/11/2011 09/06/2011 ESCGP-1 No.: ESX10-125-0038 2nd Major Revision ESCGP-1 NO.: ESX11-125-0077 Applicant Name: Sawmill Creek/Pigeon Creek WWF, Applicant Name: Chevron Appalachia LLC Other CONTACT PERSON: Jeremy Hirtz Contact Person: Brian Clauto ADDRESS: 800 Mountain View Drive Address: 455 Racetrack Road, Suite 101 City: Smithfield State: PA Zip Code: 15478 City: Washington State: PA Zip Code: 15063 County: Washington Township(s): Deemston COUNTY Washington Township(s): Fallowfield Receiving Stream(s) and Classifications: UNT to Plum Receiving Stream(s) and Classifications: Sawmill Creek/ Run and UNT to Tenmile Creek/Tenmile Creek Water- Pigeon Creek WWF, Other shed, Other 7/7/2011 08/29/2011 ESCGP-1 No.: ESX10-129-0039 Major Revision ESCGP-1 NO.: ESX11-005-0017 Applicant Name: CNX Gas Company LLC Applicant Name: EXCO Resources (PA) LLC Contact Person: Craig Neal CONTACT: Larry Sanders Address: 280 Indian Springs Road Suite 333 ADDRESS: 3000 Ericsson Drive Suite 200 City: Indiana State: PA Zip Code: 15701 City: Warrendale State: PA Zip Code: 15086 County: Westmoreland Township(s): Washington County: Armstrong Township(s): Sugarcreek Receiving Stream(s) and Classifications: UNT to Beaver Receiving Stream(s) and Classifications: UNT to Snyders Run Reservoir/Beaver Run Reservoir, HQ Run CWF 8/30/2011 Southwest Region: Water Management Program Man- ESCGP-1 No.: ESX11-005-0018 ager, 400 Waterfront Drive, Pittsburgh, Pa 15222-4745. Applicant Name: EXCO Resources (PA) LLC Contact Person: Larry Sanders Fayette County Conservation District: 10 Nickman Address: 3000 Ericsson Drive Suite 200 Plaza, Lemont Furnace, PA 15456. (724.438.4497)

Applicant Name & Receiving ESCGP-1 No. Address County Municipality Water/Use 26118003 Burnett Oil Company, Inc. Fayette German & Menallen Burnt Cabin 601 Technology Drive Townships Branch/Dunlap Creek Suite No. 120 (WWF) Canonsburg, PA 15317

Northcentral Region: Oil & Gas Management Program Secondary: Susquehanna River (WWF), Towanda Creek Manager, 208 West Third Street, Williamsport, PA 17701 (CWF) ESCGP-1 # ESX11-015-0231 ESCGP-1 # ESX11-015-0229 Applicant Name Chief Oil & Gas LLC Applicant Name Chief Oil & Gas LLC Contact Person Michael Hritz Contact Person Michael Hritz Address 6051 Wallace Road Ext., Suite 210 Address 6051 Wallace Road Ext., Suite 210 City, State, Zip Wexford, PA 15090 City, State, Zip Wexford, PA 15090 County Bradford Township(s) Towanda County Bradford County Township(s) Stevens and Pike Receiving Stream(s) and Classification(s) UNT to Receiving Stream(s) and Classification(s) 2 UNT to Susquehanna River (WWF), UNT to Towanda Creek Rockwell Creek (WWF), Rockwell Creek (both WWF); (CWF); Secondary: Wyalusing Creek (WWF)

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ESCGP-1 # ESX11-115-0079 ESCGP-1 # ESX11-015-0228 Applicant Name Laser Northeast Gathering Applicant Name EOG Resources, Inc. Contact Person Kevin Marion Contact Person Jon Jorgenson Address 1212 South Abington Road Address 2039 South Sixth Street City, State, Zip Clarks Summit, PA 18411 City, State, Zip Indiana, PA 15701 County Susquehanna Township(s) Liberty County Bradford Township(s) Athens Receiving Stream(s) and Classification(s) Dubois Creek Receiving Stream(s) and Classification(s) Apple Creek; (CWF) Secondary: Buck Creek ESCGP-1 # ESX11-015-0224 ESCGP-1 # ESX11-015-0225 Applicant Name Talisman Energy USA, Inc. Applicant Name Chesapeake Appalachia, LLC Contact Person Tracy Gregory Contact Person Eric Haskins Address 337 Daniel Zenker Drive Address 101 North Main Street City, State, Zip Horseheads, NY 14845 City, State, Zip Athens, PA 18810 County Bradford Township(s) Warren County Bradford Township(s) Wilmot Receiving Stream(s) and Classification(s) 3 UNT to Receiving Stream(s) and Classification(s) UNT of Sugar Pendleton Creek (CWF/MF); Run Creek, Rocky Forest Creek (CWF); Secondary: Pendleton Creek (CWF/MF) Secondary: Susquehanna River (WWF), Sugar Run ESCGP-1 # ESX11-081-0124 Creek (CWF) Applicant Name Anadarko Marcellus Midstream, LLC ESCGP-1 # ESX11-015-0189 Contact Person Nathan Bennett Address 33 W. Third Street Applicant Name Appalachia Midstream Services, LLC City, State, Zip Williamsport, PA 17701 Contact Person Patrick Myers, Jr. County Lycoming Township(s) Cogan House Address 100 Ist Center Receiving Stream(s) and Classification(s) Big Sandy Run City, State, Zip Horseheads, NY 14845 & Wolf Run (HQ-CWF) County Bradford Township(s) Overton Receiving Stream(s) and Classification(s) Black Creek, ESCGP-1 # ESX11-081-0129 Millstone Creek Level Branch & Tributaries to Black Applicant Name Anadarko Marcellus Midstream LLC Creek, Millstone Creek Level Branch, Millstone Creek, Contact Person Nathan Bennett Chilson Run and Lick Creek (EV/HQ-CWF/MF) Address 33 W. Third Street City, State, Zip Williamsport, PA 17701 ESCGP-1 # ESX11-015-0045 (01) County Lycoming Township(s) Cogan House Applicant Name Appalachia Midstream Services, LLC Receiving Stream(s) and Classification(s) Wolf Run (HQ) Contact Person Patrick Myers, Jr. Address 100 Ist Center ESCGP-1 # ESX11-115-0126 City, State, Zip Horseheads, NY 14845 Applicant Name Cabot Oil & Gas Corporation County Bradford Township(s) Rome, Orwell, Wysox and Contact Person Kenneth Marcum Standing Stone Address Five Penn Center West, Suite 401 Receiving Stream(s) and Classification(s) CWF, MF: Trib City, State, Zip Pittsburgh, PA 15276 to Bullard Creek, Trout Stream, Wysox Creek, Jerome County Susquehanna County Township(s) Brooklyn Creek, Beaver Creek, Johnson Creek; WWF, MF: Parks Receiving Stream(s) and Classification(s) UNT to Hop Creek, Vought Creek, Tributary 29978 to Rummerfield Creek (CWF) Creek ESCGP-1 # ESX11-115-0123 Applicant Name Southwestern Energy Production Com- ESCGP-1 # ESX11-113-0018 pany Applicant Name Chesapeake Appalachia, LLC Contact Person Dave Sweeley Contact Person Eric Haskins Address 917 State Route 92 North Address 101 North Main Street City, State, Zip Tunkhannock, PA 18657 City, State, Zip Athens, PA 18810 County Susquehanna Township(s) Jackson County Sullivan Township(s) Cherry Receiving Stream(s) and Classification(s) UNT to Little Receiving Stream(s) and Classification(s) Lick Creek, Butler Lake (CWF), Page Lake (HQ-CWF); UNT to Lick Creek (both EV); Secondary: Little Butler Creek (CWF) and Salt Lick Secondary: Little Loyalsock Creek (EV) Creek (HQ-CWF) ESCGP-1 # ESX11-081-0110 ESCGP-1 # ESX11-081-0128 Applicant Name Inflection Energy, LLC Applicant Name Anadarko Marcellus Midstream LLC Contact Person James Watson Contact Person Nathan Bennett Address 701 Technology Drive, Suite 250 Address 33 W. Third Street City, State, Zip Canonsburg, PA 15317 City, State, Zip Williamsport, PA 17701 County Lycoming Township(s) Upper Fairfield County Lycoming Township(s) Cogan House Receiving Stream(s) and Classification(s) Loyalsock Creek Receiving Stream(s) and Classification(s) Wendell Run, (EV) UNT to Larry’s Creek (HQ-EV) ESCGP-1 # ESX11-117-0108 ESCGP-1 # ESX11-117-0102 Applicant Name Seneca Resources Applicant Name SWEPI LP Contact Person Mike Clinger Contact Person James Sewell Address 51 Zents Boulevard Address 190 Thorn Hill Road City, State, Zip Brookville, PA 15825 City, State, Zip Warrendale, PA 15086 County Tioga Township(s) Delmar County Tioga Township(s) Middlebury Receiving Stream(s) and Classification(s) East Branch— Receiving Stream(s) and Classification(s) UNT to North Canada Run (HQ) Run, Trib. to North Run—Susquehanna River Basin in

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PA—Tioga River (List L); North Run, Trib. to Crooked ESCGP-1 # ESX11-081-0135 Creek—Susquehanna River Basin in PA—Tioga River Applicant Name Anadarko Marcellus Midstream LLC (List L); Contact Person Nathan Bennett Secondary: Crooked Creek—Susquehanna River Basin Address 33 W. Third Street in PA—Tioga River (List L) City, State, Zip Williamsport, PA 17701 County Lycoming Township(s) Cogan House ESCGP-1 # ESX11-131-0033 Receiving Stream(s) and Classification(s) Wolf Run (HQ- Applicant Name Chesapeake Appalachia, LLC CWF, MF) Contact Person Eric Haskins ESCGP-1 # ESX11-115-0132 Address 101 North Main Street Applicant Name Williams Field Services Company City, State, Zip Athens, PA 18810 Contact Person Frank Conneto County Wyoming Township(s) Meshoppen Address 1605 Coraopolis Heights Road Receiving Stream(s) and Classification(s) Little Meshop- City, State, Zip Moon Township, PA 15108-4310 pen Creek (CWF); County Susquehanna Township(s) Springville Secondary: Susquehanna River Receiving Stream(s) and Classification(s) Trib of Monroe ESCGP-1 # ESX11-015-0223 Creek/Upper Susquehanna—Tunkhannock Watershed Applicant Name SWEPI LP ESCGP-1 # ESX11-115-0110 Contact Person James Sewell Applicant Name Cabot Oil & Gas Corporation Address 190 Thorn Hill Road Contact Person Kenneth Marcum City, State, Zip Warrendale, PA 15086 Address Five Penn Center West, Suite 401 County Bradford Township(s) Canton City, State, Zip Pittsburgh, PA 15276 Receiving Stream(s) and Classification(s) UNT to County Susquehanna Township(s) Lenox Towanda Creek/Susquehanna River Basin in PA (CWF); Receiving Stream(s) and Classification(s) Millard Creek; Secondary: Towanda Creek (CWF) Secondary: Tunkhannock Creek ESCGP-1 # ESX11-015-0211 ESCGP-1 # ESX09-117-0075(03) Applicant Name Talisman Energy USA, Inc. Applicant Name SWEPI LP Contact Person Tracy Gregory Contact Person James Sewell Address 337 Daniel Zenker Drive Address 190 Thorn Hill Road City, State, Zip Horseheads, NY 14845 City, State, Zip Warrendale, PA 15086 County Bradford Township(s) Wells County Tioga Township(s) Nelson Receiving Stream(s) and Classification(s) UNT to South Receiving Stream(s) and Classification(s) UNT to Creek (CWF/MF); Cowanesque River/Susquehanna River Basin in PA— Secondary: South Creek Tioga River (List H) (WWF); Secondary: Cowanesque River ESCGP-1 # ESX11-015-0230 Applicant Name Chesapeake Appalachia LLC ESCGP-1 # ESX11-015-0226 Contact Person Eric Haskins Applicant Name Chief Oil & Gas, LLC Address 101 North Main Street Contact Person Michael Hritz City, State, Zip Athens, PA 18810 Address 6051 Wallace Road, Ext., Suite 210 County Bradford County Township(s) Albany City, State, Zip Wexford, PA 15090 Receiving Stream(s) and Classification(s) UNT to Branch County Bradford Township(s) Wilmot Towanda Creek (CWF); South Branch Towanda Creek Receiving Stream(s) and Classification(s) UNT to Sugar (CWF) Run Creek (CWF), Sugar Run Creek (CWF); Secondary: Susquehanna River (CWF) ESCGP-1 # ESX11-131-0035 ESCGP-1 # ESX11-015-0227 Applicant Name Carrizo Marcellus, LLC Applicant Name Appalachia Midstream Services, LLC Contact Person Gary Byron Contact Person Patrick Myers, Jr. Address 251 Drain Lick Road Address 100 Ist Center City, State, Zip Drifting, PA 16834 City, State, Zip Horseheads, NY 14845 County Wyoming Township(s) Washington County Bradford Township(s) Athens and Smithfield Receiving Stream(s) and Classification(s) Meshoppen Receiving Stream(s) and Classification(s) Buck Creek, Creek (CWF) and Taches Creek (CWF) Wolcott Creek & Tributaries to Buck Creek and Wolcott ESCGP-1 # ESX11-081-0125 Creek (WWF/MF) Applicant Name Anadarko Marcellus Midstream, LLC ESCGP-1 # ESX11-015-0193 Contact Person Nathan Bennett Applicant Name Chief Oil & Gas LLC Address 33 W. Third Street Contact Person Michael Hritz City, State, Zip Williamsport, PA 17701 Address 6051 Wallace Road, Ext., Suite 210 County Lycoming Township(s) Gamble City, State, Zip Wexford, PA 15090 Receiving Stream(s) and Classification(s) East Branch County Bradford and Sullivan Township(s) Overton and Murray Run, West Branch Murray Run, Wallis Run Forks and Roaring Run (EV) Receiving Stream(s) and Classification(s) UNT to Level Branch (EV); ESCGP-1 # ESX11-113-0019 Secondary: Little Loyalsock Creek (EV) Applicant Name Chesapeake Appalachia, LLC Contact Person Eric Haskins ESCGP-1 # ESX11-015-0217 Address 101 North Main Street Applicant Name Chief Oil & Gas LLC City, State, Zip Athens, PA 18810 Contact Person Michael Hritz County Sullivan Township(s) Elkland Address 6051 Wallace Road, Ext., Suite 210 Receiving Stream(s) and Classification(s) Lake Run (EV) City, State, Zip Wexford, PA 15090

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County Bradford Township(s) Canoton Receiving Stream(s) and Classification(s) Dam Run (EV, Receiving Stream(s) and Classification(s) (2) UNT to MF); Towanda Creek (CWF); Secondary: Little Pine Creek (HQ-CWF, MF) Secondary: Towanda Creek (CWF) ESCGP-1 # ESX11-081-0133 ESCGP-1 # ESX11-081-0051 Applicant Name Anadarko E&P Company LP Applicant Name Seneca Resources Corporation Contact Person Nathan Bennett Contact Person Michael Clinger Address 33 W. Third Street Address 51 Zents Blvd. City, State, Zip Williamsport, PA 17701 City, State, Zip Brookville, PA 15825 County Lycoming Township(s) Gamble County Lycoming Township(s) Lewis Receiving Stream(s) and Classification(s) Miller Run, Receiving Stream(s) and Classification(s) Lycoming Creek; UNT West Branch Murry Run (EV) Secondary: West Branch Susquehanna River ESCGP-1 # ESX11-081-0136 Applicant Name ESX11-035-0021 Applicant Name Anadarko E&P Company, LP Contact Person Anadarko E&P Company LP Contact Person Nathan Bennett Address 33 W. Third Street Address 33 W. Third Street City, State, Zip Williamsport, PA 17701 City, State, Zip Williamsport, PA 17701 County Clinton Township(s) Grugan County Lycoming Township(s) Cogan House Receiving Stream(s) and Classification(s) UNT Right Receiving Stream(s) and Classification(s) UNT to Larry’s Branch Hyner Run, Right Branch Hyner Run, East Creek (EV) Branch Hyner; ESCGP-1 # ESX11-117-0110 Secondary: Right Branch Hyner Run, Hyner Run (all Applicant Name SWEPI LP HQ-CWF, MF) Contact Person James Sewell ESCGP-1 # ESX11-081-0123 Address 190 Thorn Hill Road Applicant Name Range Resources—Appalachia, LLC City, State, Zip Warrendale, PA 15086 Contact Person Mary Patton County Tioga Township(s) Charleston Address 100 Throckmorton Street, Suite 100 Receiving Stream(s) and Classification(s) North Elk Run City, State, Zip Ft. Worth, TX 76102 (CWF-MF) County Lycoming Township(s) Hepburn ESCGP-1 # ESX11-035-0022 Receiving Stream(s) and Classification(s) Lang Run (HQ- Applicant Name Anadarko E&P Company LP CWF) and an UNT to Lycoming Creek (HQ-CWF); Contact Person Nathan Bennett Secondary: West Branch Susquehanna River Address 33 W. Third Street ESCGP-1 # ESX11-015-0167 City, State, Zip Williamsport, PA 17701 Applicant Name Talisman Energy USA, Inc. County Clinton Township(s) Grugan Contact Person Tracy Gregory Receiving Stream(s) and Classification(s) Right Branch Address 337 Daniel Zenker Drive Hyner Run (HQ-CWF, MF); City, State, Zip Horseheads, NY 14845 Secondary: Hyner Run (HQ-CWF, MF) County Bradford Township(s) Windham Northwest Region: Oil and Gas Program Manager, 230 Receiving Stream(s) and Classification(s) Trout Stream Chestnut St., Meadville, PA 16335 (CWF/MF), UNT to Wysox Creek (CWF/MF); ESCGP-1 #Paul Smith Unit 1H—ESX11-019-0098 Secondary: Wysox Creek (CWF/MF) Applicant XTO Energy ESCGP-1 # ESX11-081-0137 Contact Ms. Melissa Breitenbach Applicant Name Anadarko E&P Company Address 502 Keystone Drive Contact Person Nathan Bennett City Warrendale State PA Zip Code 15086 Address 33 W. Third Street County Butler Township(s) Jefferson(s) City, State, Zip Williamsport, PA 17701 Receiving Stream(s) and Classification(s) UNT of Thorn County Lycoming Township(s) Cummings Creek—CWF

SPECIAL NOTICES Notice of Certification to Perform Radon-Related Activities in Pennsylvania In the month of October, 2011 Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987, P. L. 238, No. 43 (63 P. S. Sections 2001—2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed below to perform radon-related activities in Pennsylvania. The period of certification is two years. (For a complete list of persons currently certified to perform radon-related activities in Pennsylvania and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (1-800-23RADON). Type of Name Address Certification Kevin Adams 208 Latimer Avenue Mitigation Strabane, PA 15363 J. Keith Baicker 403 Skillman Road Mitigation Skillman, NJ 08558 Diane Clerkin 424 Marion Avenue Testing Lower Gwynedd, PA 19002

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Type of Name Address Certification Bryan Cole 317 McWilliams Road Testing Trafford, PA 15085 Mark Desmond 606 Brighton Road Testing Wilmington, DE 19809 Gregory Ferguson 762 Ferguson Drive Testing Altoona, PA 16601 Gregory Frazier 1632 Aster Lane Testing Crescent, PA 15046 Timothy Gentry 474 Easton Road Testing Horsham, PA 19044 Albert Gordon 106 Lyric Way Testing Warrington, PA 18976 David Grammer 27 Ironia Road, Unit 2 Laboratory Analysis RAdata, Inc. Flanders, NJ 07836 Daniel Howard 251 River Landing Testing Freeport, PA 16221 Robert Huska, Jr. 1329 Glendale Road Testing York, PA 17403 John McDermott 590 Centerville Road #134 Testing Lancaster, PA 17601 Joseph Miloser 160 Rustic Ridge Mitigation Fombell, PA 16123 Kenneth Schaeffer, Jr. 105 Macintosh Drive Testing Newport, PA 17074 Rebecca Selko 1276 Bethel Green Drive Testing Bethel Park, PA 15102 Charles Smith 11 West Grant Street Mitigation Houston, PA 15342 Maria Stinger P. O. Box 15811 Testing Pittsburgh, PA 15244 Donald Stoltenberg 10522 High Rock Road Testing Airville, PA 17302 Kenneth Struder P. O. Box 7272 Laboratory Analysis Thorndale, PA 19372 Matthew Tracy 17 Sunnybrook Drive Testing Doylestown, PA 18901 John Trusa 454 Dana Street Testing & Mitigation Wilkes-Barre, PA 18702 Michael Tyrell 371 Harshaw Drive Testing Chester Springs, PA 19425 Robert Vail 234 Amanda Lane Mitigation Scott Township, PA 18433 William Whiting 11879 Lake Drive Testing Conneaut Lake, PA 16316 Gary Winterowd 1765 Cambridge Drive Testing State College, PA 16803

Requests for Proposals control, mine subsidence control, closure of mine open- Request for Proposals: RFP No. OSM PA(DES-11). ings, waterline extension/water supply replacement, aban- Notice is given that the Department of Environmental doned mine drainage (AMD) remediation, design of active Protection is issuing a Request for Proposals (RFP) to and passive AMD treatment facilities, evaluation, opera- retain up to eight (8) firms to provide professional design tion, monitoring, maintenance, and/or rehabilitation of services, feasibility studies, geophysical investigations, existing passive and active AMD treatment systems. The construction oversight, and other technical services as contracts will be financed in part by the Federal Govern- required, for the reclamation of abandoned mine lands ment. Projects will be located in the bituminous coalfields and associated mine-water impacts. Services include, but of western and the anthracite coalfields of northeastern are not limited to, surface mine reclamation, mine fire Pennsylvania. RFPs may be requested by e-mail or mail.

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Email requests (title subject line ‘‘OSM PA(DES-11) RFP Ordering Paper Copies of Department Technical Guidance Request’’) should be submitted to [email protected]. Mail requests should be submitted to: Department of The Department encourages the use of the Internet to Environmental Protection (DEP), Bureau of Abandoned view and download technical guidance documents. When Mine Reclamation, 400 Market Street, P. O. Box 8476, this option is not available, persons can order a paper copy of any of the Department’s draft or final technical Harrisburg, Pennsylvania 17105-8476. Proposals in re- guidance documents by contacting the Department at sponse to the RFP must be received at the above address (717) 783-8727. by 2:00 p.m., local time, December 28, 2011. Late proposals will not be considered regardless of the reason. Any In addition, bound copies of some of the Department’s questions related to the RFP must be submitted in documents are available as Department publications. writing via email (title subject line ‘‘RFP OSM PA(DES- Check with the appropriate bureau for more information 11) Question’’) to: [email protected] by November about the availability of a particular document as a 30, 2011. Please note that questions will NOT be an- publication. swered via telephone or fax. All questions and written Changes to Technical Guidance Documents answers will be issued as an addendum to and become part of this RFP. Following is the current list of recent changes. Persons who have questions or comments about a particular Proposed NPDES Permitted Discharge at or Below document should call the contact person whose name and In-Stream Water Quality Criteria phone number is listed with each document. The Dunkard Creek TMDL, originally approved by Final Technical Guidance—New Guidance USEPA in April 2007, has been revised to reflect a DEP ID: 385-2100-002. Title: Policy and Procedure for proposed NPDES permitted discharge at, or below, in- National Pollution Discharge Elimination System stream water quality criteria. (NPDES) Permitting of Discharges of Total Dissolved The data and all supporting documentation used to Solids (TDS)—25 Pa. Code § 95.10 (relating to treatment requirements for new and expanding mass loadings of develop the proposed TMDLs are available from the Total Dissolved Solids (TDS)). Description: On August 21, Department. To request a copy of the proposed TMDL, 2010, revisions to 25 Pa. Code § 95.10 became final. contact: These revisions mandated new treatment requirements Bill Brown, Chief for discharges of TDS from NPDES point sources of TMDL Development Section treated wastewater. The provisions of 25 Pa. Code § 95.10 Watershed Protection Division require detailed guidance for NPDES permit writers to Pennsylvania Department of Environmental Protection implement the new requirements through NPDES permit P. O. Box 8555 conditions and actions. This new guidance document Harrisburg, PA 17105-8555 fulfills that need. The Department published notice of the Phone: 717-783-2951, Email: [email protected] draft proposed guidance in the Pennsylvania Bulletin at 41 Pa.B. 560 (January 22, 2011). Public comments were The TMDLs can be accessed through the DEP Website accepted until the comment period closed on February 22, (http://www.dep.state.pa.us) by clicking on the Water Top- 2011. Twenty-one sets of written comments were received ics Link, then the TMDL link. Please note that attach- during the public comment period and are summarized in ments and appendices must be requested through paper the associated Comment and Response Document. The mail. Persons with a disability may use the AT&T Relay draft guidance was revised as a result of these comments Service by calling 1-800-654-5984 (TDD users) or 1-800- in order to produce this final guidance document. Contact: 654-5988 (voice users) and request that the call be Thomas Starosta, (717) 787-4317 or [email protected]. relayed. Effective Date: November 12, 2011. Written and Email comments will be accepted at the MICHAEL L. KRANCER, above addresses and must be received by December 12, Secretary 2011. Comments will not be accepted by facsimile or voice [Pa.B. Doc. No. 11-1937. Filed for public inspection November 11, 2011, 9:00 a.m.] mail. The Department will consider all comments in developing the final TMDL, which will be submitted to EPA for approval. [Pa.B. Doc. No. 11-1936. Filed for public inspection November 11, 2011, 9:00 a.m.] Bid Opportunity

OSM 17(1735)102.1, Abandoned Mine Reclamation Project, Houtzdale, Houtzdale Borough, Clearfield Availability of Technical Guidance County. The principal items of work and approximate quantities include mobilization and demobilization; air Technical guidance documents are available on the rotary drilling (4- and 6-inch); casing (4- and 6-inch); and Department of Environmental Protection’s (Department) injecting grout material. This bid issues November 10, web site at http://www.elibrary.dep.state.pa.us. The ‘‘Tech- 2011, and bids will be opened on December 15, 2011, at 2 nical Guidance Final Documents’’ heading is the link to a p.m. Bid documents cost $10 per set and will not be menu of the various Department bureaus where each mailed until payment has been received. This project is bureau’s final technical guidance documents are posted. financed by the Federal government under the authority The ‘‘Technical Guidance Draft Documents’’ heading is the given it by the Surface Mining Control and Reclamation link to the Department’s draft technical guidance docu- Act of 1977 (act) (30 U.S.C.A. §§ 1201—1308) and is ments. subject to the act and to the Federal grant for this

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6156 NOTICES project. Contact the Construction Contracts Section at lization; Erosion and Sediment Pollution Control Plan; (717) 787-7820 or [email protected] for more informa- clearing and grubbing; removal and disposal of solid tion on this bid. waste 500 ton; subsurface drain 1,560 linear feet; grading MICHAEL L. KRANCER, 230,000 cubic yards; rock lining with Geotextile 400 Secretary square yards; and seeding 23.5 acres. This bid issues November 10, 2011, and bids will be opened on December [Pa.B. Doc. No. 11-1938. Filed for public inspection November 11, 2011, 9:00 a.m.] 13, 2011, at 2 p.m. Bid documents cost $10 per set and will not be mailed until payment has been received. This project is financed by the Federal government under the authority given it by the Surface Mining Control and Reclamation Act of 1977 (act) (30 U.S.C.A. §§ 1201— Bid Opportunity 1308) and is subject to the act and to the Federal grant for this project. Contact the Construction Contracts Sec- OSM 24(3888)101.1, Abandoned Mine Reclamation tion at (717) 787-7820 or [email protected] for more Project, Dark Hollow, Benezette Township, Elk information on this bid. County. The principal items of work and approximate MICHAEL L. KRANCER, quantities include mobilization and demobilization; imple- Secretary mentation of the Erosion and Sediment Control Plan; [Pa.B. Doc. No. 11-1941. Filed for public inspection November 11, 2011, 9:00 a.m.] clearing and grubbing; subsurface drain 220; grading 285,104 cubic yards; tree planting 14,600 trees; and seeding 29.1 acres. This bid issues November 10, 2011, and bids will be opened on December 15, 2011, at 2 p.m. Bid documents cost $10 per set and will not be mailed until payment has been received. This project is financed DEPARTMENT OF HEALTH by the Federal government under the authority given it by the Surface Mining Control and Reclamation Act of Application of American Access Care of PA for 1977 (act) (30 U.S.C.A. §§ 1201—1308) and is subject to Exception the act and to the Federal grant for this project. Contact the Construction Contracts Section at (717) 787-7820 or Under 28 Pa. Code § 51.33 (relating to requests for [email protected] for more information on this bid. exceptions), the Department of Health (Department) MICHAEL L. KRANCER, gives notice that American Access Care of PA has re- Secretary quested an exception to the requirements of 28 Pa. Code [Pa.B. Doc. No. 11-1939. Filed for public inspection November 11, 2011, 9:00 a.m.] § 551.21(d)(1)(3) (relating to criteria for ambulatory surgery). This request is on file with the Department. Persons may receive a copy of a request for exception by requesting a copy from the Department of Health, Division of Bid Opportunity Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980, OSM 32(4029)101.1, Abandoned Mine Reclamation fax (717) 772-2163, [email protected]. Project, Dixon Run North, East Mahoning Town- Persons who wish to comment on an exception request ship, Indiana County. The principal items of work and may do so by sending a letter by mail, e-mail or facsimile approximate quantities include mobilization and demobi- to the Division at the address listed previously. lization; clearing and grubbing; demolition; removal and disposal of mine facilities; backfilling mine shafts; and Comments received by the Department within 10 days seeding. This bid issues November 10, 2011, and bids will after the date of publication of this notice will be be opened on December 13, 2011, at 2 p.m. Bid documents reviewed by the Department before it decides whether to cost $10 per set and will not be mailed until payment has approve or disapprove the request for exception. been received. This project is financed by the Federal Persons with a disability who wish to obtain a copy of a government under the authority given it by the Surface request and/or provide comments to the Department and Mining Control and Reclamation Act of 1977 (act) (30 require an auxiliary aid, service or other accommodation U.S.C.A. §§ 1201—1308) and is subject to the act and to to do so, should contact the Division at the previously the Federal grant for this project. Contact the Construc- listed address or phone number, or for speech and/or tion Contracts Section at (717) 787-7820 or joelmiller@ hearing impaired persons V/TT (717) 783-6154, or the state.pa.us for more information on this bid. Pennsylvania AT&T Relay Service at (800) 654-5984. MICHAEL L. KRANCER, ELI N. AVILA, MD, JD, MPH, FCLM, Secretary Secretary [Pa.B. Doc. No. 11-1940. Filed for public inspection November 11, 2011, 9:00 a.m.] [Pa.B. Doc. No. 11-1942. Filed for public inspection November 11, 2011, 9:00 a.m.]

Bid Opportunity Application of Chestnut Hill Hospital for Exception

OSM 56(4727)101.1, Abandoned Mine Reclamation Under 28 Pa. Code § 51.33 (relating to requests for Project, Kimberly Run East, Somerset Township, exceptions), the Department of Health (Department) gives Somerset County. The principal items of work and notice that Chestnut Hill Hospital has requested an approximate quantities include mobilization and demobi- exception to the requirements of 28 Pa. Code § 153.1

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(relating to minimum standards), which requires compli- Application of Children’s Surgery Center, LLC for ance with minimum standards contained in the following Exception publication: Guidelines for Design and Construction of Hospitals and Healthcare Facilities. The facility specifi- Under 28 Pa. Code § 51.33 (relating to requests for cally requests exception from the following standard exceptions), the Department of Health (Department) gives contained in this publication: 2.2-3.1.3(6) (relating to notice that Children’s Surgery Center, LLC has requested trauma room). an exception to the requirements of 28 Pa. Code § 551.22(3)(ii) (relating to criteria for performance of This request is on file with the Department. Persons ambulatory surgery on pediatric patients). may receive a copy of a request for exception by requesting a copy from the Department of Health, Division of This request is on file with the Department. Persons Acute and Ambulatory Care, Room 532, Health and may receive a copy of a request for exception by request- Welfare Building, Harrisburg, PA 17120, (717) 783-8980, ing a copy from the Department of Health, Division of fax (717) 772-2163, [email protected]. Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980, Persons who wish to comment on an exception request fax (717) 772-2163, [email protected]. may do so by sending a letter by mail, e-mail or facsimile to the Division at the address listed previously. Persons who wish to comment on an exception request may do so by sending a letter by mail, e-mail or facsimile Comments received by the Department within 10 days to the Division at the address listed previously. after the date of publication of this notice will be reviewed by the Department before it decides whether to Comments received by the Department within 10 days approve or disapprove the request for exception. after the date of publication of this notice will be reviewed by the Department before it decides whether to Persons with a disability who wish to obtain a copy of a approve or disapprove the request for exception. request and/or provide comments to the Department and require an auxiliary aid, service or other accommodation Persons with a disability who wish to obtain a copy of a to do so should contact the Director, Division of Acute and request and/or provide comments to the Department and Ambulatory Care at (717) 783-8980, for speech and/or require an auxiliary aid, service or other accommodation hearing impaired persons V/TT (717) 783-6154, or the to do so should contact the Division at the previously Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). listed address or phone number, or for speech and/or hearing impaired persons V/TT (717) 783-6154, or the ELI N. AVILA, MD, JD, MPH, FCLM, Pennsylvania AT&T Relay Service at (800) 654-5984. Secretary ELI N. AVILA, MD, JD, MPH, FCLM, [Pa.B. Doc. No. 11-1943. Filed for public inspection November 11, 2011, 9:00 a.m.] Secretary [Pa.B. Doc. No. 11-1945. Filed for public inspection November 11, 2011, 9:00 a.m.]

Application of Children Surgery Center for Excep- tion Application of Digestive Health Center of Indiana, P.C. for Exception Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives Under 28 Pa. Code § 51.33 (relating to requests for notice that Children Surgery Center has requested an exceptions), the Department of Health (Department) gives exception to the requirements of 28 Pa. Code § 555.32(a) notice that Digestive Health Center of Indiana, P.C. has (relating to administration of anesthesia). requested an exception to the requirements of 28 This request is on file with the Department. Persons Pa. Code § 553.31(a) (relating to administrative responsi- may receive a copy of a request for exception by request- bilities). ing a copy from the Department of Health, Division of This request is on file with the Department. Persons Acute and Ambulatory Care, Room 532, Health and may receive a copy of a request for exception by request- Welfare Building, Harrisburg, PA 17120, (717) 783-8980, ing a copy from the Department of Health, Division of fax (717) 772-2163, [email protected]. Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980, The facility is requesting a waiver of the comment fax (717) 772-2163, [email protected]. period, as set forth in 28 Pa. Code § 51.33(c). Persons who wish to comment on an exception request Persons with a disability who wish to obtain a copy of a may do so by sending a letter by mail, e-mail or facsimile request and/or provide comments to the Department and to the Division at the address listed previously. require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously Comments received by the Department within 10 days listed address or phone number, or for speech and/or after the date of publication of this notice will be hearing impaired persons V/TT (717) 783-6154, or the reviewed by the Department before it decides whether to Pennsylvania AT&T Relay Service at (800) 654-5984. approve or disapprove the request for exception. ELI N. AVILA, MD, JD, MPH, FCLM, Persons with a disability who wish to obtain a copy of a Secretary request and/or provide comments to the Department and [Pa.B. Doc. No. 11-1944. Filed for public inspection November 11, 2011, 9:00 a.m.] require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously listed address or phone number, or for speech and/or

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6158 NOTICES hearing impaired persons V/TT (717) 783-6154, or the This request is on file with the Department. Persons Pennsylvania AT&T Relay Service at (800) 654-5984. may receive a copy of a request for exception by request- ELI N. AVILA, MD, JD, MPH, FCLM, ing a copy from the Department of Health, Division of Secretary Acute and Ambulatory Care, Room 532, Health and [Pa.B. Doc. No. 11-1946. Filed for public inspection November 11, 2011, 9:00 a.m.] Welfare Building, Harrisburg, PA 17120, (717) 783-8980, fax (717) 772-2163, [email protected].

Persons who wish to comment on an exception request may do so by sending a letter by mail, e-mail or facsimile to the Division at the address listed previously. Application of Divine Providence Hospital for Ex- ception Comments received by the Department within 10 days after the date of publication of this notice will be Under 28 Pa. Code § 51.33 (relating to requests for reviewed by the Department before it decides whether to exceptions), the Department of Health (Department) gives approve or disapprove the request for exception. notice that Divine Providence Hospital has requested an exception to the requirements of 28 Pa. Code § 153.1 Persons with a disability who wish to obtain a copy of a (relating to minimum standards), which requires compli- request and/or provide comments to the Department and ance with minimum standards contained in the following require an auxiliary aid, service or other accommodation publication: Guidelines for Design and Construction of to do so should contact the Director, Division of Acute and Hospitals and Healthcare Facilities. The facility specifi- Ambulatory Care at (717) 783-8980, for speech and/or cally requests exception from the following standard hearing impaired persons V/TT (717) 783-6154, or the contained in this publication: 2.2-3.4.5.3 (relating to pa- Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). tient toilets). ELI N. AVILA, MD, JD, MPH, FCLM, Secretary This request is on file with the Department. Persons may receive a copy of a request for exception by request- [Pa.B. Doc. No. 11-1948. Filed for public inspection November 11, 2011, 9:00 a.m.] ing a copy from the Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980 fax (717) 772-2163, [email protected]. Persons who wish to comment on an exception request Application of Dubois Regional Medical Center— may do so by sending a letter by mail, e-mail or facsimile Orthopaedic Hospitalist/Fracture Clinic for Ex- to the Division at the address listed previously. ception Comments received by the Department within 10 days after the date of publication of this notice will be Under 28 Pa. Code § 51.33 (relating to requests for reviewed by the Department before it decides whether to exceptions), the Department of Health (Department) gives approve or disapprove the request for exception. notice that Dubois Regional Medical Center—Orthopaedic Hospitalist/Fracture Clinic has requested an exception to Persons with a disability who wish to obtain a copy of a the requirements of 28 Pa. Code § 153.1 (relating to request and/or provide comments to the Department and minimum standards), which requires compliance with require an auxiliary aid, service or other accommodation minimum standards contained in the following publica- to do so should contact the Director, Division of Acute and tion: Guidelines for Design and Construction of Hospitals Ambulatory Care at (717) 783-8980, for speech and/or and Healthcare Facilities. The facility specifically re- hearing impaired persons V/TT (717) 783-6154, or the quests exception from the following standards contained Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). in this publication: 3.1-3.2.4, 3.1-3.6.9, 3.1-3.6.10, 3.1- ELI N. AVILA, MD, JD, MPH, FCLM, 7.2.2.1 and 3.2-6.3. Secretary [Pa.B. Doc. No. 11-1947. Filed for public inspection November 11, 2011, 9:00 a.m.] This request is on file with the Department. Persons may receive a copy of a request for exception by requesting a copy from the Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783-8980, fax (717) 772-2163, [email protected]. Application of Dubois Regional Medical Center— Clearfield Visiting Physician Suite for Exception Persons who wish to comment on an exception request may do so by sending a letter by mail, e-mail or facsimile to the Division at the address listed previously. Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives Comments received by the Department within 10 days notice that Dubois Regional Medical Center—Clearfield after the date of publication of this notice will be Visiting Physician Suite has requested an exception to the reviewed by the Department before it decides whether to requirements of 28 Pa. Code § 153.1 (relating to mini- approve or disapprove the request for exception. mum standards), which requires compliance with minimum standards contained in the following publication: Persons with a disability who wish to obtain a copy of a Guidelines for Design and Construction of Hospitals and request and/or provide comments to the Department and Healthcare Facilities. The facility specifically requests require an auxiliary aid, service or other accommodation exception from the following standards contained in this to do so should contact the Director, Division of Acute and publication: 3.1-3.5 and 3.2-6.3 (relating to support areas). Ambulatory Care at (717) 783-8980, for speech and/or

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6159 hearing impaired persons V/TT (717) 783-6154, or the reviewed by the Department before it decides whether to Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). approve or disapprove the request for exception. ELI N. AVILA, MD, JD, MPH, FCLM, Persons with a disability who wish to obtain a copy of a Secretary request and/or provide comments to the Department and [Pa.B. Doc. No. 11-1949. Filed for public inspection November 11, 2011, 9:00 a.m.] require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously listed address or phone number, or for speech and/or hearing impaired persons V/TT (717) 783-6154, or the Pennsylvania AT&T Relay Service at (800) 654-5984. Application of Four Seasons Endoscopy Center ELI N. AVILA, MD, JD, MPH, FCLM, Secretary for Exception [Pa.B. Doc. No. 11-1951. Filed for public inspection November 11, 2011, 9:00 a.m.] Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives notice that Four Seasons Endoscopy Center has requested an exception to the requirements of 28 Pa. Code § 553.31(a) (relating to administrative responsibilities). Application of Jefferson Regional Medical Center These requests are on file with the Department. Per- for Exception sons may receive a copy of a request for exception by requesting a copy from the Department of Health, Divi- Under 28 Pa. Code § 51.33 (relating to requests for sion of Acute and Ambulatory Care, Room 532, Health exceptions), the Department of Health (Department) gives and Welfare Building, Harrisburg, PA 17120, (717) 783- notice that Jefferson Regional Medical Center has re- 8980, fax (717) 772-2163, [email protected]. quested an exception to the requirements of 28 Pa. Code Persons who wish to comment on an exception request § 153.1 (relating to minimum standards), which requires may do so by sending a letter by mail, e-mail or facsimile compliance with minimum standards contained in the to the Division at the address listed previously. following publication: Guidelines for Design and Construc- tion of Hospitals and Healthcare Facilities. The facility Comments received by the Department within 10 days specifically requests exception from the following stan- after the date of publication of this notice will be dard contained in this publication: 2.1-8.5.3 (relating to reviewed by the Department before it decides whether to technology distribution room). approve or disapprove the request for exception. This request is on file with the Department. Persons Persons with a disability who wish to obtain a copy of a may receive a copy of a request for exception by request- request and/or provide comments to the Department and ing a copy from the Department of Health, Division of require an auxiliary aid, service or other accommodation Acute and Ambulatory Care, Room 532, Health and to do so should contact the Division at the previously Welfare Building, Harrisburg, PA 17120, (717) 783-8980, listed address or phone number, or for speech and/or fax (717) 772-2163, [email protected]. hearing impaired persons V/TT (717) 783-6154, or the Pennsylvania AT&T Relay Services at (800) 654-5984. Persons who wish to comment on an exception request may do so by sending a letter by mail, e-mail or facsimile ELI N. AVILA, MD, JD, MPH, FCLM, to the Division at the address listed previously. Secretary Comments received by the Department within 10 days [Pa.B. Doc. No. 11-1950. Filed for public inspection November 11, 2011, 9:00 a.m.] after the date of publication of this notice will be reviewed by the Department before it decides whether to approve or disapprove the request for exception. Persons with a disability who wish to obtain a copy of a request and/or provide comments to the Department and Application of Indiana Ambulatory Surgical Associ- require an auxiliary aid, service or other accommodation ates for Exception to do so should contact the Director, Division of Acute and Ambulatory Care at (717) 783-8980, for speech and/or Under 28 Pa. Code § 51.33 (relating to requests for hearing impaired persons V/TT (717) 783-6154, or the exceptions), the Department of Health (Department) gives Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). notice that Indiana Ambulatory Surgical Associates has ELI N. AVILA, MD, JD, MPH, FCLM, requested an exception to the requirements of 28 Secretary Pa. Code §§ 551.21(d)(3) and 553.31(a) (relating to criteria for ambulatory surgery; and administrative responsi- [Pa.B. Doc. No. 11-1952. Filed for public inspection November 11, 2011, 9:00 a.m.] bilities). These requests are on file with the Department. Per- sons may receive a copy of a request for exception by requesting a copy from the Department of Health, Divi- sion of Acute and Ambulatory Care, Room 532, Health Application of Lehigh Valley Hospital for Exception and Welfare Building, Harrisburg, PA 17120, (717) 783- 8980, fax (717) 772-2163, [email protected]. Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives Persons who wish to comment on an exception request notice that Lehigh Valley Hospital has requested an may do so by sending a letter by mail, e-mail or facsimile exception to the requirements of 28 Pa. Code §§ 51.23, to the Division at the address listed previously. 101.172 and 107.2 (relating to positron emission Comments received by the Department within 10 days tomography; patient limits; and medical staff member- after the date of publication of this notice will be ship).

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These requests are on file with the Department. Per- Application of Meadville Medical Center for Excep- sons may receive a copy of a request for exception by tion requesting a copy from the Department of Health, Divi- sion of Acute and Ambulatory Care, Room 532, Health Under 28 Pa. Code § 51.33 (relating to requests for and Welfare Building, Harrisburg, PA 17120, (717) 783- exceptions), the Department of Health (Department) gives 8980, fax (717) 772-2163, [email protected]. notice that Meadville Medical Center has requested an exception to the requirements of 28 Pa. Code § 138.2 Persons who wish to comment on an exception request (relating to definitions). may do so by sending a letter by mail, e-mail or facsimile This request is on file with the Department. Persons to the Division at the address listed previously. may receive a copy of a request for exception by request- Comments received by the Department within 10 days ing a copy from the Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and after the date of publication of this notice will be Welfare Building, Harrisburg, PA 17120, (717) 783-8980, reviewed by the Department before it decides whether to fax (717) 772-2163, [email protected]. approve or disapprove the request for exception. Persons who wish to comment on an exception request Persons with a disability who wish to obtain a copy of a may do so by sending a letter by mail, e-mail or facsimile request and/or provide comments to the Department and to the Division at the address listed previously. require an auxiliary aid, service or other accommodation Comments received by the Department within 10 days to do so should contact the Division at the previously after the date of publication of this notice will be listed address or phone number, or for speech and/or reviewed by the Department before it decides whether to hearing impaired persons V/TT (717) 783-6154, or the approve or disapprove the request for exception. Pennsylvania AT&T Relay Service at (800) 654-5984. Persons with a disability who wish to obtain a copy of a ELI N. AVILA, MD, JD, MPH, FCLM, request and/or provide comments to the Department and Secretary require an auxiliary aid, service or other accommodation [Pa.B. Doc. No. 11-1953. Filed for public inspection November 11, 2011, 9:00 a.m.] to do so should contact the Division at the previously listed address or phone number, or for speech and/or hearing impaired persons V/TT (717) 783-6154, or the Pennsylvania AT&T Relay Service at (800) 654-5984. ELI N. AVILA, MD, JD, MPH, FCLM, Secretary Application of Lehigh Valley Hospital Muhlenberg [Pa.B. Doc. No. 11-1955. Filed for public inspection November 11, 2011, 9:00 a.m.] for Exception

Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives notice that Lehigh Valley Hospital Muhlenberg has requested an exception to the requirements of 28 Pa. Code Application of Penn Medicine Hospital of the Uni- § 107.2 (relating to medical staff membership). versity of Pennsylvania for Exception This request is on file with the Department. Persons Under 28 Pa. Code § 51.33 (relating to requests for may receive a copy of a request for exception by request- exceptions), the Department of Health (Department) gives ing a copy from the Department of Health, Division of notice that Penn Medicine Hospital of the University of Acute and Ambulatory Care, Room 532, Health and Pennsylvania has requested an exception to the requirements of 28 Pa. Code § 153.1 (relating to minimum Welfare Building, Harrisburg, PA 17120, (717) 783-8980, standards), which requires compliance with minimum fax (717) 772-2163, [email protected]. standards contained in the following publication: Guide- Persons who wish to comment on an exception request lines for Design and Construction of Hospitals and Healthcare Facilities. The facility specifically requests may do so by sending a letter by mail, e-mail or facsimile exception from the following standard contained in this to the Division at the address listed previously. publication: 2.1-8.5.1.4 (relating to building system re- Comments received by the Department within 10 days quirements). after the date of publication of this notice will be This request is on file with the Department. Persons reviewed by the Department before it decides whether to may receive a copy of a request for exception by request- approve or disapprove the request for exception. ing a copy from the Department of Health, Division of Acute and Ambulatory Care, Room 532, Health and Persons with a disability who wish to obtain a copy of a Welfare Building, Harrisburg, PA 17120, (717) 783-8980, request and/or provide comments to the Department and fax (717) 772-2163, [email protected]. require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously Persons who wish to comment on an exception request listed address or phone number, or for speech and/or may do so by sending a letter by mail, e-mail or facsimile hearing impaired persons V/TT (717) 783-6154, or the to the Division at the address listed previously. Pennsylvania AT&T Relay Services at (800) 654-5984. Comments received by the Department within 10 days ELI N. AVILA, MD, JD, MPH, FCLM, after the date of publication of this notice will be Secretary reviewed by the Department before it decides whether to [Pa.B. Doc. No. 11-1954. Filed for public inspection November 11, 2011, 9:00 a.m.] approve or disapprove the request for exception. Persons with a disability who wish to obtain a copy of a request and/or provide comments to the Department and

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6161 require an auxiliary aid, service or other accommodation to the requirements of 28 Pa. Code § 153.1 (relating to to do so should contact the Director, Division of Acute and minimum standards), which requires compliance with Ambulatory Care at (717) 783-8980, for speech and/or minimum standards contained in the following publica- hearing impaired persons V/TT (717) 783-6154, or the tion: Guidelines for Design and Construction of Hospitals Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). and Healthcare Facilities. The facility specifically re- ELI N. AVILA, MD, JD, MPH, FCLM, quests exception from the following standard contained in Secretary this publication: 3.7-3.4.2.2(b) (relating to post anesthesia recovery positions). [Pa.B. Doc. No. 11-1956. Filed for public inspection November 11, 2011, 9:00 a.m.] These requests are on file with the Department. Per- sons may receive a copy of a request for exception by requesting a copy from the Department of Health, Divi- sion of Acute and Ambulatory Care, Room 532, Health Application of Shamokin Area Community Hospital and Welfare Building, Harrisburg, PA 17120, (717) 783- for Exception 8980, fax (717) 772-2163, [email protected]. Persons who wish to comment on an exception request Under 28 Pa. Code § 51.33 (relating to requests for may do so by sending a letter by mail, e-mail or facsimile exceptions), the Department of Health (Department) gives to the Division at the address listed previously. notice that Shamokin Area Community Hospital has requested an exception to the requirements of 28 Comments received by the Department within 10 days Pa. Code § 153.1 (relating to minimum standards), which after the date of publication of this notice will be requires compliance with minimum standards contained reviewed by the Department before it decides whether to in the following publication: Guidelines for Design and approve or disapprove the request for exception. Construction of Hospitals and Healthcare Facilities. The facility specifically requests exception from the following Persons with a disability who wish to obtain a copy of a standards contained in this publication: 2.1-3.1.3, 2.1- request and/or provide comments to the Department and 3.1.5.9(3), 7.7.A2 and 7.7.C6. require an auxiliary aid, service or other accommodation to do so should contact the Director, Division of Acute and This facility is also requesting exception to 28 Pa. Code Ambulatory Care at (717) 783-8980, for speech and/or § 123.25(2), 127.32 and 569.35 (relating to regulations for hearing impaired persons V/TT (717) 783-6154, or the control of anesthetic explosion hazards; written orders; Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). and general safety precautions). ELI N. AVILA, MD, JD, MPH, FCLM, These requests are on file with the Department. Per- Secretary sons may receive a copy of a request for exception by [Pa.B. Doc. No. 11-1958. Filed for public inspection November 11, 2011, 9:00 a.m.] requesting a copy from the Department of Health, Divi- sion of Acute and Ambulatory Care, Room 532, Health and Welfare Building, Harrisburg, PA 17120, (717) 783- 8980, fax (717) 772-2163, [email protected]. Persons who wish to comment on an exception request Application of The Skin Center for Exception may do so by sending a letter by mail, e-mail or facsimile to the Division at the address listed previously. Under 28 Pa. Code § 51.33 (relating to requests for Comments received by the Department within 10 days exceptions), the Department of Health (Department) gives after the date of publication of this notice will be notice that The Skin Center has requested an exception reviewed by the Department before it decides whether to to the requirements of 28 Pa. Code § 553.4(h) (relating to approve or disapprove the request for exception. other functions). Persons with a disability who wish to obtain a copy of a This request is on file with the Department. Persons request and/or provide comments to the Department and may receive a copy of a request for exception by request- require an auxiliary aid, service or other accommodation ing a copy from the Department of Health, Division of to do so should contact the Director, Division of Acute and Acute and Ambulatory Care, Room 532, Health and Ambulatory Care at (717) 783-8980, for speech and/or Welfare Building, Harrisburg, PA 17120, (717) 783-8980, hearing impaired persons V/TT (717) 783-6154, or the fax (717) 772-2163, [email protected]. Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). Persons who wish to comment on an exception request ELI N. AVILA, MD, JD, MPH, FCLM, may do so by sending a letter by mail, e-mail or facsimile Secretary to the Division at the address listed previously. [Pa.B. Doc. No. 11-1957. Filed for public inspection November 11, 2011, 9:00 a.m.] Comments received by the Department within 10 days after the date of publication of this notice will be reviewed by the Department before it decides whether to approve or disapprove the request for exception. Application of Shriners Hospitals for Exception Persons with a disability who wish to obtain a copy of a request and/or provide comments to the Department and Under 28 Pa. Code § 51.33 (relating to requests for require an auxiliary aid, service or other accommodation exceptions), the Department of Health (Department) gives to do so should contact the Division at the previously notice that Shriners Hospitals has requested an exception listed address or phone number, or for speech and/or

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 6162 NOTICES hearing impaired persons V/TT (717) 783-6154, or the Comments received by the Department within 10 days Pennsylvania AT&T Relay Service at (800) 654-5984. after the date of publication of this notice will be ELI N. AVILA, MD, JD, MPH, FCLM, reviewed by the Department before it decides whether to Secretary approve or disapprove the request for exception. [Pa.B. Doc. No. 11-1959. Filed for public inspection November 11, 2011, 9:00 a.m.] Persons with a disability who wish to obtain a copy of a request and/or provide comments to the Department and require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously listed address or phone number, or for speech and/or hearing impaired persons V/TT (717) 783-6154, or the Application of St. Luke’s Hospital for Exception Pennsylvania AT&T Relay Service at (800) 654-5984. Under 28 Pa. Code § 51.33 (relating to requests for ELI N. AVILA, MD, JD, MPH, FCLM, exceptions), the Department of Health (Department) gives Secretary notice that St. Luke’s Hospital has requested an excep- [Pa.B. Doc. No. 11-1961. Filed for public inspection November 11, 2011, 9:00 a.m.] tion to the requirements of 28 Pa. Code § 153.1 (relating to minimum standards), which requires compliance with minimum standards contained in the following publication: Guidelines for Design and Construction of Hospitals and Healthcare Facilities. The facility specifically requests exception from the following standards contained Application of The Surgery Center at Brinton Lake in this publication: 3.1-6.1.4 and 3.1-5.5.1.2 (relating to for Exception public toilets; and facility requirements). Under 28 Pa. Code § 51.33 (relating to requests for These requests are on file with the Department. Per- exceptions), the Department of Health (Department) gives sons may receive a copy of a request for exception by notice that The Surgery Center at Brinton Lake has requesting a copy from the Department of Health, Divi- requested an exception to the requirements of 28 sion of Acute and Ambulatory Care, Room 532, Health Pa. Code § 551.21(a)(1) (relating to criteria for ambula- and Welfare Building, Harrisburg, PA 17120, (717) 783- tory surgery). 8980; fax (717) 772-2163, [email protected]. This request is on file with the Department. Persons Persons who wish to comment on an exception request may receive a copy of a request for exception by request- may do so by sending a letter by mail, e-mail or facsimile ing a copy from the Department of Health, Division of to the Division at the address listed previously. Acute and Ambulatory Care, Room 532, Health and Comments received by the Department within 10 days Welfare Building, Harrisburg, PA 17120, (717) 783-8980, after the date of publication of this notice will be fax (717) 772-2163, [email protected]. reviewed by the Department before it decides whether to Persons who wish to comment on an exception request approve or disapprove the request for exception. may do so by sending a letter by mail, e-mail or facsimile Persons with a disability who wish to obtain a copy of a to the Division at the address listed previously. request and/or provide comments to the Department and Comments received by the Department within 10 days require an auxiliary aid, service or other accommodation after the date of publication of this notice will be to do so should contact the Director, Division of Acute and reviewed by the Department before it decides whether to Ambulatory Care at (717) 783-8980, for speech and/or approve or disapprove the request for exception. hearing impaired persons V/TT (717) 783-6154, or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). Persons with a disability who wish to obtain a copy of a ELI N. AVILA, MD, JD, MPH, FCLM, request and/or provide comments to the Department and Secretary require an auxiliary aid, service or other accommodation to do so should contact the Division at the previously [Pa.B. Doc. No. 11-1960. Filed for public inspection November 11, 2011, 9:00 a.m.] listed address or phone number, or for speech and/or hearing impaired persons V/TT (717) 783-6154, or the Pennsylvania AT&T Relay Service at (800) 654-5984. ELI N. AVILA, MD, JD, MPH, FCLM, Secretary Application of St. Luke’s Hospital—Anderson for [Pa.B. Doc. No. 11-1962. Filed for public inspection November 11, 2011, 9:00 a.m.] Exception Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives notice that St. Luke’s Hospital—Anderson has requested Application of York Hospital for Exception an exception to the requirements of 28 Pa. Code § 107.32 (relating to meetings and attendance). Under 28 Pa. Code § 51.33 (relating to requests for exceptions), the Department of Health (Department) gives This request is on file with the Department. Persons notice that York Hospital has requested an exception to may receive a copy of a request for exception by request- the requirements of 28 Pa. Code § 153.1 (relating to ing a copy from the Department of Health, Division of minimum standards), which requires compliance with Acute and Ambulatory Care, Room 532, Health and minimum standards contained in the following publica- Welfare Building, Harrisburg, PA 17120, (717) 783-8980, tion: Guidelines for Design and Construction of Hospitals fax (717) 772-2163, [email protected]. and Healthcare Facilities. The facility specifically re- Persons who wish to comment on an exception request quests exception from the following standard contained in may do so by sending a letter by mail, e-mail or facsimile this publication: 2.2-2.2.2.7(2)(a)(ii) (relating to patient to the Division at the address listed previously. bathing facilities).

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This request is on file with the Department. Persons • Wages for direct care workers and other program may receive a copy of a request for exception by request- staff, such as supervisors and program specialists, where ing a copy from the Department of Health, Division of applicable. Acute and Ambulatory Care, Room 532, Health and • Employee-related expenses related to health insur- Welfare Building, Harrisburg, PA 17120, (717) 783-8980, ance and other benefits, employer taxes, paid time off and fax (717) 772-2163, [email protected]. training time. Persons who wish to comment on an exception request • may do so by sending a letter by mail, e-mail or facsimile Productivity related to the amount of time a direct to the Division at the address listed previously. care staff person is expected to be engaged in activities for which a claim can be submitted. Comments received by the Department within 10 days after the date of publication of this notice will be • Program indirect expenses, including transportation- reviewed by the Department before it decides whether to related costs. approve or disapprove the request for exception. • Administration-related expenses. Persons with a disability who wish to obtain a copy of a request and/or provide comments to the Department and The Department established a Statewide MA fee sched- require an auxiliary aid service or other accommodation ule rate for each service and adjusted each fee schedule to do so should contact the Director, Division of Acute and rate by geographical area factors to reflect consideration Ambulatory Care at (717) 783-8980, for speech and/or for differences in wages observed across this Common- hearing impaired persons V/TT (717) 783-6154, or the wealth. Pennsylvania AT&T Relay Service at (800) 654-5984 (TT). The fee schedule rates were established by the Depart- ELI N. AVILA, MD, JD, MPH, FCLM, ment to fund the fee schedule services at a level sufficient Secretary to encourage provider participation and promote provider [Pa.B. Doc. No. 11-1963. Filed for public inspection November 11, 2011, 9:00 a.m.] choice, while at the same time ensuring cost effectiveness and fiscal accountability. The services selected for inclusion on the MA fee schedule are identified under the following categories: DEPARTMENT OF Select Community-Based Services; and Agency with Choice Financial Management Services, Excluding ben- PUBLIC WELFARE efits and Agency with Choice Financial Management Services, Including Benefits. Medical Assistance Program Fee Schedule for All services that were placed on the MA fee schedule Consolidated and Person/Family Directed Sup- from July 1, 2011, through November 14, 2011, will port Waiver-Funded Select Services, Targeted remain on the MA fee schedule for the remainder of the Service Management and Community Mental Re- fiscal year (FY). These services include Companion, Be- tardation Base-Funded Program Effective No- havior Support, Therapy (Physical, Occupational, Speech vember 15, 2011, through June 30, 2012 and Language, Individual Behavior, Group Behavior and Visual/Mobility) Nursing, Home Finding, Homemaker/ Chore, Supports Broker, Older Adult Day, Supplemental This notice announces the Department of Public Wel- Habilitation and Additional Individualized Staffing. The fare’s (Department) payment rates for select services Department has identified a new service, Supports Coor- funded through the Consolidated and Person/Family Di- dination, to be placed on the MA Fee schedule effective rected Support waivers (waivers) and Targeted Service November 15, 2011. Management (TSM) to the Medical Assistance (MA) Pro- gram Fee Schedule effective November 15, 2011, through There is no cost of living adjustment applied to any of June 30, 2012. These fee schedule payment rates also the fee schedule rates for FY 2011-2012. serve as the Department’s established fees under 55 Geographic Areas: Pa. Code § 4300.115(a) (relating to Department established fees) for base-funded services managed through Area 1: county programs for individuals with mental retardation Bucks, Chester, Delaware, Lehigh, Montgomery, North- under the Mental Health and Mental Retardation Act of ampton, Philadelphia 1966 (50 P. S. §§ 4101—4704) and 55 Pa. Code Chapter 4300 (relating to county mental health and mental retar- Area 2: dation fiscal manual). Adams, Allegheny, Beaver, Berks, Carbon, Cumberland, As part of the Department’s efforts to continue to align Dauphin, Erie, Franklin, Fulton, Greene, Lancaster, rates and rate-setting methodology across all offices and Lawrence, Lebanon, Monroe, Perry, Pike, Schuylkill, programs, the Department used a market-based approach Washington, York to develop the fee schedule rates. This process includes a review of the service definitions and a determination of Area 3: allowable cost components which reflect costs that are Armstrong, Bradford, Butler, Cameron, Centre, Clarion, reasonable, necessary, and related to the delivery of the Clinton, Columbia, Crawford, Elk, Forest, Indiana, service. Huntingdon, Juniata, Lackawanna, Luzerne, Lycoming, In developing rates for each of the MA fee schedule McKean, Mercer, Mifflin, Montour, Northumberland, Pot- services, the Department evaluated independent data ter, Snyder, Sullivan, Susquehanna, Tioga, Union, sources such as a Commonwealth-specific compensation Venango, Warren, Wayne, Westmoreland, Wyoming study and data from approved cost reports, as applicable, Area 4: and considered the expected expenses for the delivery of services under the waivers for the major allowable cost Bedford, Blair, Cambria, Clearfield, Fayette, Jefferson, categories: Somerset

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Fee Schedule Rates Tables: Select Community-Based Services for FY 2011-2012

Select Community-Based Services*

* Modifier ET must be used with applicable procedures codes when billing for temporary base-funded services.

(PA) Prior authorization by Office of Developmental Programs (ODP) must be obtained for this service.

** The Supports Coordination MA fee identified as follows for W7210 is also applicable to TSM and base funded supports coordination.

Procedure Provider Specialty Service Code Modifier Type Code Unit Area 1 Area 2 Area 3 Area 4 Nursing Services: LPN T2025 TE 05 051 15 min. $11.31 $10.58 $10.03 $9.12 TE&ET TE 16 161 TE&ET Nursing Services: RN T2025 TD 05 051 15 min. $14.70 $13.75 $13.04 $11.85 TD&ET TD 16 160 TD&ET Physical Therapy T2025 GP 17 170 15 min. $21.45 $20.07 $19.03 $17.30 GP & ET Occupational Therapy T2025 GO 17 171 15 min. $20.77 $19.43 $18.43 $16.75 GO&ET Speech and Language T2025 GN 17 173 15 min. $19.05 $17.82 $16.90 $15.36 Therapy GN&ET Individual Behavioral T2025 HE 19 208 15 min. $25.14 $23.52 $22.30 $20.27 Therapy HE&ET Group Behavioral T2025 HE & HQ 19 208 15 min. $7.88 $7.37 $6.99 $6.35 Therapy HE, HQ & ET Visual/Mobility Therapy W7246 51 517 15 min. $19.05 $17.82 $16.90 $15.36 ET Companion Services, W1724 51 363 15 min. $1.20 $1.12 $1.06 $0.97 Basic staff support ET Companion Services, W1725 51 363 15 min. $1.38 $1.29 $1.22 $1.11 level 1 ET Companion Services, W1726 51 363 15 min. $2.13 $1.99 $1.89 $1.72 level 2 ET Companion Services, W1727 51 363 15 min. $5.86 $5.48 $5.20 $4.73 level 3 Supplemental W7070 52 456, 15 min. $5.24 $4.90 $4.65 $4.23 Habilitation, 1:1 (PA) 520, 521 or 522 ET Supplemental W7084 52 456, 15 min. $10.49 $9.81 $9.31 $8.46 Habilitation, 2:1 (PA) 520, 521 or 522 ET Additional Individualized W7085 52 456, 15 min. $5.24 $4.90 $4.65 $4.23 Staffing, 1:1 (PA) 520, 521 or 522

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Procedure Provider Specialty Service Code Modifier Type Code Unit Area 1 Area 2 Area 3 Area 4 Additional Individualized W7086 52 456, 15 min. $10.49 $9.81 $9.31 $8.46 Staffing, 2:1 (PA) 520, 521 or 522 Older Adult Day W7094 51 410 15 min. $2.12 $1.98 $1.88 $1.71 Habilitation ET Behavioral Support W7095 51 510 15 min. $19.27 $18.03 $17.09 $15.54 ET Home Finding W7277 51 or 55 571 15 min. $6.53 $6.11 $5.79 $5.27 Supports Broker W7096 51 510 15 min. $8.20 $7.67 $7.27 $6.61 Homemaker/Chore W7283 43 430 1 hour $18.93 $17.71 $16.79 $15.27 (permanent) 51 430 or 431 55 430 or 431 Homemaker/Chore W7283 UA 43 430 1 hour $18.93 $17.71 $16.79 $15.27 (temporary) UA & ET UA 51 430 or 431 UA & ET UA 45 430 or 431 UA & ET **Supports Coordination W7210 21 218 15 min. $20.37 $19.08 $18.15 $16.48

Agency with Choice Financial Management Services, Excluding Benefits** **Modifier U4 must be used with all procedures codes when billing for services excluding benefits.

Procedure Provider Specialty Service code Modifier** Type Code Unit Area 1 Area 2 Area 3 Area 4 Companion, level 3 W1727 U4 54 540 15 min. $2.91 $2.73 $2.59 $2.35 Supported Employment W7235 $5.81 $5.44 $5.16 $4.69 Unlicensed Habilitation, W7060 U4 54 540 15 min. $4.81 $4.50 $4.27 $3.88 level 3 Unlicensed Habilitation, W7061 U4 54 540 15 min. $7.97 $7.45 $7.07 $6.42 level 3, enhanced TD&U4 TE&U4 Unlicensed Habilitation, W7068 U4 54 540 15 min. $9.63 $9.01 $8.54 $7.77 level 4 Unlicensed Habilitation, W7069 U4 54 540 15 min. $15.93 $14.91 $14.13 $12.85 level 4, enhanced TD&U4 TE&U4 Supports Broker W7096 U4 54 540 15 min. $5.84 $5.47 $5.19 $4.71 Respite—unlicensed, in W7250 U4 54 540 1 day $251.76 $235.52 $223.34 $203.03 home, level 2 W7258 U4 54 540 15 min. $3.31 $3.10 $2.94 $2.67 Respite—unlicensed, in W7251 U4 54 540 1 day $539.86 $505.03 $478.90 $435.37 home, level 2, enhanced TD&U4 TE&U4 W7264 U4 54 540 15 min. $7.10 $6.65 $6.30 $5.73

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Procedure Provider Specialty Service code Modifier** Type Code Unit Area 1 Area 2 Area 3 Area 4 TD&U4 TE&U4 Respite—unlicensed in W7252 U4 54 540 1 day $503.52 $471.04 $446.67 $406.07 home, level 3 W7265 U4 54 540 15 min. $6.63 $6.20 $5.88 $5.34 Respite—unlicensed, in W7253 U4 54 540 1 day $1,079.71 $1,010.05 $957.81 $870.73 home, level 3, enhanced TD&U4 TE&U4 W7266 U4 54 540 15 min. $14.21 $13.29 $12.60 $11.46 TD&U4 TE&U4 Homemaker/Chore W7283 U4 54 540 1 hour $12.76 $11.93 $11.32 $10.29 UA & U4 Respite—unlicensed, out W8002 U4 54 540 1 day $251.76 $235.52 $223.34 $203.03 of home, level 2 W8012 U4 54 540 15 min. $3.31 $3.10 $2.94 $2.67 Respite—unlicensed, out W8003 U4 54 540 1 day $539.86 $505.03 $478.90 $435.37 of home, level 2, enhanced TD&U4 TE&U4 W8013 U4 54 540 15 min. $7.10 $6.65 $6.30 $5.73 TD&U4 TE&U4 Respite—unlicensed, out W8004 U4 54 540 1 day $503.52 $471.04 $446.67 $406.07 of home, level 3 W8014 U4 54 540 15 min. $6.63 $6.20 $5.88 $5.34 Respite—unlicensed, out W8005 U4 54 540 1 day $1,079.71 $1,010.05 $957.81 $870.73 of home, level 3, enhanced TD&U4 TE&U4 W8015 U4 54 540 15 min. $14.21 $13.29 $12.60 $11.46

Agency with Choice Financial Management Services, Including Benefits*** ***No modifier is needed to indicate the benefit allowance is included.

Procedure Modifier Provider Specialty Service Code *** Type Code Unit Area 1 Area 2 Area 3 Area 4 Companion, level 3 W1727 54 540 15 min. $3.84 $3.59 $3.41 $3.10 Supported Employment W7235 $6.74 $6.30 $5.98 $5.44 Unlicensed Habilitation, W7060 54 540 15 min. $5.74 $5.37 $5.09 $4.63 level 3 Unlicensed Habilitation, W7061 54 540 15 min. $8.89 $8.32 $7.89 $7.17 level 3, enhanced TD TE Unlicensed Habilitation, W7068 54 540 15 min. $11.48 $10.74 $10.18 $9.26 level 4 Unlicensed Habilitation, W7069 54 540 15 min. $17.78 $16.64 $15.78 $14.34 level 4, enhanced TD TE

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Procedure Modifier Provider Specialty Service Code *** Type Code Unit Area 1 Area 2 Area 3 Area 4 Supports Broker W7096 54 540 15 min. $6.77 $6.33 $6.01 $5.46 Respite—unlicensed, in W7250 54 540 1 day $322.08 $301.31 $285.72 $259.75 home, level 2 W7258 54 540 15 min. $4.24 $3.96 $3.76 $3.42 Respite—unlicensed, in W7251 54 540 1 day $610.18 $570.81 $541.29 492.08 home, level 2, enhanced TD TE W7264 54 540 15 min. $8.03 $7.51 $7.12 $6.47 TD TE Respite—unlicensed, in W7252 54 540 1 day $644.17 $602.61 $571.44 $519.49 home, level 3 W7265 54 540 15 min. $8.48 $7.93 $7.52 $6.84 Respite—unlicensed, in W7253 54 540 1 day $1,220.36 $1,141.63 $1,082.58 $984.16 home, level 3, enhanced TD TE W7266 54 540 15 min. $16.06 $15.02 $14.24 $12.95 TD TE Homemaker/Chore W7283 54 540 1 hour $16.46 $15.40 $14.60 $13.27 UA Respite—unlicensed, out W8002 54 540 1 day $322.08 $301.31 $285.72 $259.75 of home, level 2 W8012 54 540 15 min. $4.24 $3.96 $3.76 $3.42 Respite—unlicensed, out W8003 54 540 1 day $610.18 $570.81 $541.29 $492.08 of home, level 2, enhanced TD TE W8013 54 540 15 min. $8.03 $7.51 $7.12 $6.47 TD TE Respite—unlicensed, out W8004 54 540 1 day $644.17 $602.61 $571.44 $519.49 of home, level 3 W8014 54 540 15 min. $8.48 $7.93 $7.52 $6.84 Respite—unlicensed, out W8005 54 540 1 day $1,220.36 $1,141.63 $1,082.58 $984.16 of home, level 3, enhanced TD TE W8015 54 540 15 min. $16.06 $15.02 $14.24 $12.95 TD TE

Fiscal Impact Public Comment It is anticipated there will be an approximate part-year Copies of this notice may be obtained at the local savings of $7.565 million ($3.388 million State funds) in Mental Health/Mental Retardation (MH/MR) County Pro- FY 2011-2012 and full-year savings of $12.666 million gram, Administrative Entity (AE) or regional ODP in the ($5.673 in State funds) in FY 2012-2013. corresponding regions:

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• Western region: Piatt Place, Room 4900, 301 5th Medical Assistance Program Fee Schedule for Avenue, Pittsburgh, PA 15222, (412) 565-5144 Select Services in the Consolidated and Person/ Family Directed Support Waivers and Commu- • Northeast region: Room 315, Scranton State Office Building, 100 Lackawanna Avenue, Scranton, PA 18503, nity Mental Retardation Base Program; Correc- (570) 963-4749 tion Effective July 1, 2011, through November 14, 2011 • Southeast region: 801 Market Street, Suite 5071, Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245 The Department of Public Welfare is correcting the • Central region: Room 430, Willow Oak Building, P. O. Medical Assistance Fee Schedule Tables published at 41 Box 2675, DGS Annex Complex, Harrisburg, PA 17105, Pa.B. 3292 (June 25, 2011). (717) 772-6507 Specifically, payment rates for providers of the Consoli- dated waiver, Person/Family Directed Support waiver and Contact information for the local MH/MR County Pro- base funded services for a waiver service location identi- gram or AE may be found at https://www.hcsis.state.pa.us/ fied as fee schedule services in Fiscal Year (FY) 2010-2011 hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously will continue to have the same payment rates as the FY referenced regional ODP. 2010-2011 final fee schedule payment rate for the period of July 1, 2011, through November 14, 2011. Interested persons are invited to submit written comments regarding this notice to the Department of Public The revised Fee Schedule Tables reflect carryover of the Welfare, Office of Developmental Programs, Division of FY 2010-2011 fee schedule services for the period July 1, Provider Assistance and Rate Setting, 4th Floor, Health 2011, through November 14, 2011, and are as follows: and Welfare Building, Forster and Commonwealth Av- Geographic Areas: enues, Harrisburg, PA 17120. E-mail should be sent to Area 1: Bucks, Chester, Delaware, Lehigh, Montgomery, ODP’s rate-setting mailbox at [email protected] (use Northampton, Philadelphia ‘‘PN Fee Schedule’’ in the subject line). Area 2: Adams, Allegheny, Beaver, Berks, Carbon, Cum- Persons with a disability who require an auxiliary aid berland, Dauphin, Erie, Franklin, Fulton, Greene, or service may submit comments using the Pennsylvania Lancaster, Lawrence, Lebanon, Monroe, Perry, Pike, AT&T Relay Service at (800) 654-5984 (TDD users) or Schuylkill, Washington, York (800) 654-5988 (voice users). Area 3: Armstrong, Bradford, Butler, Cameron, Centre, GARY D. ALEXANDER, Clarion, Clinton, Columbia, Crawford, Elk, Forest, Indi- Secretary ana, Huntingdon, Juniata, Lackawanna, Luzerne, Lycoming, McKean, Mercer, Mifflin, Montour, Northum- Fiscal Note: 14-NOT-730. No fiscal impact; (8) recom- berland, Potter, Snyder, Sullivan, Susquehanna, Tioga, mends adoption. Union, Venango, Warren, Wayne, Westmoreland, Wyo- [Pa.B. Doc. No. 11-1964. Filed for public inspection November 11, 2011, 9:00 a.m.] ming Area 4: Bedford, Blair, Cambria, Clearfield, Fayette, Jefferson, Somerset

Fee Schedule Rates Tables: Select Community-Based Services* * Modifier ET must be used with applicable procedures codes when billing for temporary base-funded services. (PA) Prior authorization by the Office of Developmental Programs (ODP) must be obtained for this service.

Procedure Provider Specialty Service Code Modifier Type Code Unit Area 1 Area 2 Area 3 Area 4 Nursing Services: LPN T2025 TE 05 051 15 min. $11.02 $10.31 $9.78 $8.89 TE&ET TE 16 161 TE&ET Nursing Services: RN T2025 TD 05 051 15 min. $16.55 $15.48 $14.68 $13.35 TD&ET TD 16 160 TD&ET Physical Therapy T2025 GP 17 170 15 min. $20.20 $18.90 $17.92 $16.29 GP & ET Occupational Therapy T2025 GO 17 171 15 min. $21.29 $19.92 $18.89 $17.17 GO&ET Speech and Language T2025 GN 17 173 15 min. $21.72 $20.32 $19.27 $17.52 Therapy

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Procedure Provider Specialty Service Code Modifier Type Code Unit Area 1 Area 2 Area 3 Area 4 GN&ET Individual Behavioral T2025 HE 19 208 15 min. $20.79 $19.45 $18.44 $16.77 Therapy HE&ET Group Behavioral T2025 HE & HQ 19 208 15 min. $5.20 $4.86 $4.61 $4.19 Therapy HE, HQ & ET Visual/Mobility Therapy W7246 51 517 15 min. $21.73 $20.33 $19.28 $17.52 ET Companion Services, W1724 51 363 15 min. $ .78 $ .73 $ .69 $ .63 Basic staff support ET Companion Services, W1725 51 363 15 min. $ .98 $ .92 $.87 $ .79 level 1 ET Companion Services, W1726 51 363 15 min. $2.07 $1.94 $1.84 $1.67 level 2 ET Companion Services, W1727 51 363 15 min. $4.65 $4.35 $4.13 $3.75 level 3 ET Supplemental W7070 52 456, 520 15 min. $4.87 $4.56 $4.32 $3.93 Habilitation, 1:1 (PA) 521 or 522 ET Supplemental W7084 52 456, 520 15 min. $9.75 $9.12 $8.65 $7.86 Habilitation, 2:1 (PA) 521 or 522 ET Additional Individualized W7085 52 456, 520 15 min. $4.87 $4.56 $4.32 $3.93 Staffing, 1:1 (PA) 521 or 522 Additional Individualized W7086 52 456, 520 15 min. $9.75 $9.12 $8.65 $7.86 Staffing, 2:1 (PA) 521 or 522 Older Adult Day W7094 51 410 15 min. $2.88 $2.69 $2.55 $2.32 Habilitation ET Behavioral Support W7095 51 510 15 min. $21.52 $20.13 $19.09 $17.35 ET Supports Broker W7096 51 510 15 min. $10.85 $10.15 $9.63 $8.75 Home Finding W7277 51 or 55 571 15 min. $9.94 $9.30 $8.82 $8.02 Homemaker/Chore W7283 43 430 1 hour $22.87 $21.39 $20.29 $18.44 (permanent) 51 430 or 431 55 430 or 431 Homemaker/Chore W7283 UA 43 430 (temporary) UA & ET UA 51 430 or 431 UA & ET

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Procedure Provider Specialty Service Code Modifier Type Code Unit Area 1 Area 2 Area 3 Area 4 UA 45 430 or 431 UA & ET

Agency with Choice Financial Management Services, Excluding Benefits**

**Modifier U4 must be used with all procedures codes when billing for services excluding benefits.

Procedure Provider Specialty Service code Modifier** Type Code Unit Area 1 Area 2 Area 3 Area 4 Companion, level 3 W1727 U4 54 540 15 min. $3.06 $2.87 $2.72 $2.47 Home & Community W7060 U4 54 540 15 min. $5.07 $4.74 $4.50 $4.09 Habilitation— unlicensed, level 3 Home & Community W7061 U4 54 540 15 min. $8.39 $7.85 $7.44 $6.77 Habilitation— unlicensed, level 3, enhanced TD&U4 TE&U4 Home & Community W7068 U4 54 540 15 min. $10.13 $9.48 $8.99 $8.17 Habilitation— unlicensed, level 4 Home & Community W7069 U4 54 540 15 min. $16.77 $15.69 $14.88 $13.52 Habilitation— unlicensed, level 4, enhanced TD&U4 TE&U4 Supports Broker W7096 U4 54 540 15 min. $6.15 $5.76 $5.46 $4.96 Supported Employment W7235 U4 54 540 15 min. $6.12 $5.73 $5.43 $4.94 Respite—unlicensed, in W7250 U4 54 540 1 day $223.14 $208.74 $197.94 $179.95 home, level 2 W7258 U4 54 540 15 min. $3.48 $3.26 $3.09 $2.81 Respite—unlicensed, in W7251 U4 54 540 1 day $478.66 $447.77 $424.61 $386.01 home, level 2, enhanced TD&U4 TE&U4 W7264 U4 54 540 15 min. $7.48 $7.00 $6.64 $6.03 TD&U4 TE&U4 Respite—unlicensed in W7252 U4 54 540 1 day $446.27 $417.48 $395.89 $359.90 home, level 3 W7265 U4 54 540 15 min. $6.97 $6.52 $6.19 $5.62 Respite—unlicensed, in W7253 U4 54 540 1 day $957.31 $895.55 $849.23 $772.02 home, level 3, enhanced TD&U4 TE&U4 W7266 U4 54 540 15 min. $14.95 $13.99 $13.26 $12.06 TD&U4 TE&U4 TD&U4 TE&U4 Homemaker/Chore W7283 U4 54 540 1 hour $13.42 $12.55 $11.91 $10.82 UA & U4

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Procedure Provider Specialty Service code Modifier** Type Code Unit Area 1 Area 2 Area 3 Area 4 Respite—unlicensed, out W8002 U4 54 540 1 day $223.14 $208.74 $197.94 $179.95 of home, level 2 W8012 U4 54 540 15 min. $3.48 $3.26 $3.09 $2.81 Respite—unlicensed, out W8003 U4 54 540 1 day $478.66 $447.77 $424.61 $386.01 of home, level 2, enhanced TD&U4 TE&U4 W8013 U4 54 540 15 min. $7.48 $7.00 $6.64 $6.03 TD&U4 TE&U4 Respite—unlicensed, out W8004 U4 54 540 1 day $446.27 $417.48 $395.89 $359.90 of home, level 3 W8014 U4 54 540 15 min. $6.97 $6.52 $6.19 $5.62 Respite—unlicensed, out W8005 U4 54 540 1 day $957.31 $895.55 $849.23 $772.02 of home, level 3, enhanced TD&U4 TE&U4 W8015 U4 54 540 15 min. $14.95 $13.99 $13.26 $12.06 TD&U4 TE&U4

Agency with Choice Financial Management Services, Including Benefits*** ***No modifier is needed to indicate the benefit allowance is included.

Procedure Modifier Provider Specialty Service Code *** Type Code Unit Area 1 Area 2 Area 3 Area 4 Companion, level 3 W1727 54 540 15 min. $3.88 $3.63 $3.44 $3.13 Home & Community W7060 54 540 15 min. $6.42 $6.01 $5.70 $5.18 Habilitation—unlicensed, level 3 Home & Community W7061 54 540 15 min. $10.62 $9.93 $9.42 $8.56 Habilitation—unlicensed, level 3, enhanced TD TE Home & Community W7068 54 540 15 min. $12.83 $12.00 $11.38 $10.35 Habilitation—unlicensed, level 4 Home & Community W7069 54 540 15 min. $21.23 $19.86 $18.83 $17.12 Habilitation—unlicensed, level 4, enhanced TD TE Supports Broker W7096 54 540 15 min. $7.79 $7.29 $6.91 $6.28 Supported Employment W7235 54 540 15 min. $7.75 $7.25 $6.88 $6.25 Respite—unlicensed, in W7250 54 540 1 day $282.49 $264.26 $250.60 $227.81 home, level 2 W7258 54 540 15 min. $4.41 $4.13 $3.91 $3.56 Respite—unlicensed, in W7251 54 540 1 day $605.98 $566.88 $537.56 $488.69 home, level 2, enhanced TD TE W7264 54 540 15 min. $9.47 $8.86 $8.40 $7.64

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Procedure Modifier Provider Specialty Service Code *** Type Code Unit Area 1 Area 2 Area 3 Area 4 TD TE Respite—unlicensed, in W7252 54 540 1 day $564.98 $528.53 $501.19 $455.63 home, level 3 W7265 54 540 15 min. $8.83 $8.26 $7.83 $7.12 Respite—unlicensed, in W7253 54 540 1 day $1,211.96 $1,133.76 $1,075.12 $977.38 home, level 3, enhanced TD TE W7266 54 540 15 min. $18.93 $17.71 $16.79 $15.27 TD TE Homemaker/Chore W7283 54 540 1 hour $16.99 $15.89 $15.07 $13.70 UA Respite—unlicensed, out W8002 54 540 1 day $282.49 $264.26 $250.60 $227.81 of home, level 2 W8012 54 540 15 min. $4.41 $4.13 $3.91 $3.56 Respite—unlicensed, out W8003 54 540 1 day $605.98 $566.88 $537.56 $488.69 of home, level 2, enhanced TD TE W8013 54 540 15 min. $9.47 $8.86 $8.40 $7.64 TD TE Respite—unlicensed, out W8004 54 540 1 day $564.98 $528.53 $501.19 $455.63 of home, level 3 W8014 54 540 15 min. $8.83 $8.26 $7.83 $7.12 Respite—unlicensed, out W8005 54 540 1 day $1,211.96 $1,133.76 $1,075.12 $977.38 of home, level 3, enhanced TD TE W8015 54 540 15 min. $18.93 $17.71 $16.79 $15.27 TD TE

Fiscal Impact • Central region: Room 430, Willow Oak Building, P. O. There is no anticipated fiscal impact to the Common- Box 2675, DGS Annex Complex, Harrisburg, PA 17105, wealth. (717) 772-6507 Public Comment Contact information for the local MH/MR County Pro- Copies of this notice may be obtained at the local gram orAE may be accessed at https://www.hcsis.state.pa.us/ Mental Health/Mental Retardation (MH/MR) County Pro- hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously gram, Administrative Entity (AE) or regional ODP in the referenced regional ODP. corresponding regions: • Interested persons are invited to submit written com- Western region: Piatt Place, Room 4900, 301 5th ments regarding this notice to the Department of Public Avenue, Pittsburgh, PA 15222, (412) 565-5144 Welfare, Office of Developmental Programs, Division of • Northeast region: Room 315, Scranton State Office Provider Assistance and Rate Setting, 4th Floor, Health Building, 100 Lackawanna Avenue, Scranton, PA 18503, and Welfare Building, Forster and Commonwealth Av- (570) 963-4749 enues, Harrisburg, PA 17120. E-mail should be sent to • Southeast region: 801 Market Street, Suite 5071, ODP’s rate-setting mailbox at [email protected] (use Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245 ‘‘PN Fee Schedule’’ in the subject line).

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Persons with a disability who require an auxiliary aid providing Per Diem or Trip transportation services and or service may submit comments using the Pennsylvania have not yet been deleted from the SSD, $0.01 was AT&T Relay Service at (800) 654-5984 (TDD users) or assigned as the rate. (800) 654-5988 (voice users). Rate-Setting Methodology for Nontransportation Cost- GARY D. ALEXANDER, based Services Secretary The following methodology applies to the final FY Fiscal Note: 14-NOT-729. No fiscal impact; (8) recom- 2011-2012 cost-based payment rates developed from ex- mends adoption. penses and utilization reported in approved Year 3 cost [Pa.B. Doc. No. 11-1965. Filed for public inspection November 11, 2011, 9:00 a.m.] reports (that is, based on the FY 2009-2010 historical expense period), subject to the adjustments described as follows. The cost-based rates effective for services delivered between November 15, 2011, and June 30, 2012, are based on the FY 2011-2012 cost-based rates which were assigned at the Master Provider Index—Service Location Rate Setting Methodology for Consolidated and Code—Procedure Code/Modifier level based on the follow- Person/Family Directed Support Waiver- and ing methodology. Base-Funded Services for Individuals Participat- After the unit costs for each cost-based procedure code ing in the Office of Developmental Programs were adjusted, a total cost of living increase of 0% (0% for Service System Effective November 15, 2011, FY 2009-2010 and 0% for FY 2010-2011) was applied to through June 30, 2012 the FY 2009-2010 unit costs for each procedure code to establish each provider’s proposed payment rates for FY The purpose of this notice is to announce the final 2011-2012. payment rates for Fiscal Year (FY) 2011-2012 for Nontransportation Cost-based Services and Per Diem and Outlier Review Process Trip Transportation cost-based services funded through The ‘‘total unit cost’’ for a provider and service is equal the Consolidated and Person/Family Directed Support to the total expenses for that provider and service divided (P/FDS) waivers. These rates also apply for services when by the total units for that provider and service. Note that they are provided with base funding at the waiver funded total expenses and units are based on restated cost service location. These rates are effective November 15, reports, where applicable (that is, when resubmitted to 2011. reflect adjustments that resulted in updated expenses). Background The following total expenses are listed by service type: • Beginning in 2008, the Department of Public Welfare Licensed Respite Out-of-Home services: Total ex- (Department) began implementation of a Statewide rate penses are equal to the cost report’s Schedule A, Line 18 setting system to establish provider payment rates consis- plus Schedule A, Line 24. tently across this Commonwealth. The Department con- • Residential—Eligible, Nonresidential and all other tinues to move in a direction to align rates and rate- Respite services: Total expenses are equal to the cost setting methodologies across programs. report’s Schedule A, Line 18. Rate Setting Methodology for Per Diem and Trip Trans- • Residential—Ineligible services: Total expenses are portation Cost-based Services equal to residential occupancy expenses on the cost The final payment rates for the period November 15, report’s Schedule A, Line 24, less use allowance (UA) 2011, through June 30, 2012, for Per Diem and Trip expenses, less Schedule A, Line 17. transportation services were developed from the data in o Based on an analysis conducted by the Department, the Year 3 transportation cost reports (Version 6.0 FY Residential-Ineligible UA expenses in Column G on 2009-2010 Historical Expense Period) submitted by pro- Schedules E, E-1 and E-2 of the cost report were removed viders and approved in the desk review process, when from residential occupancy expenses on Schedule A, Line available, where the procedure codes in the transporta- 24 of the cost report. (Note, the UA expenses were tion cost reports were the same as those entered in the removed from the Residential-Ineligible procedure codes Services and Supports Directory (SSD) as of January proportionately, based on the distribution of residential 2011. The Department reviewed the transportation cost occupancy expenses on the cost report’s Schedule A, Line reports submitted by the transportation providers and 24). compared the services where costs were allocated in the cost report to the services offered in the SSD. The total utilization for residential services is equal to the cost report’s Schedule A, Line 19 (Units Available) Where there was an exact match between the proce- and for all other services is equal to the cost report’s dure code reported on the cost report and the procedure Schedule A, Line 21 (Units Provided). Final utilization code in the SSD, the cost-based rate was assigned. If includes any applicable utilization adjustments based on there was not an exact match between the cost report and a review of the cost report data compared to available SSD, the area-average rate was assigned to the services Home and Community Services Information System and offered in the SSD but not reported on the cost report. If PROMISe data. the transportation provider did not submit a cost report, the lowest rate was assigned for the services offered in The Department identified and adjusted for outliers at the SSD. If there was a new provider that started the total unit cost level for each of the providers’ cost- services in FY 2010-2011 and did not have historical FY based services submitted in Year 3 approved cost reports. 2009-2010 experience, the area average rate was as- For all services with 20 or more unique unit costs (that is, signed. If a provider was signed up in the SSD to provide unit costs by provider and service from separate, ap- Per Diem and Trip transportation services but they are proved Year 3 cost reports), the Department applied the considered a vendor or a public carrier or are no longer following process for each service:

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• The average and standard deviation (SD) values were living increase of 0% (0% for FY 2009-2010 and 0% for FY calculated, excluding extreme outliers, based on the total 2010-2011) was applied to the FY 2009-2010 unit costs for unit costs for all providers from the Year 3 cost report each procedure code to establish each provider’s payment data. rates for FY 2011-2012. • Total unit costs that were greater than the average The Department then compared projected FY 2011-2012 plus one SD or were less than the average minus two SD State and Federal expenditures to the corresponding FY were flagged as outliers. 2011-2012 adjusted budget amounts for the Consolidated • For total unit costs that were flagged as outliers and and P/FDS Waiver programs to determine if it was were within +/- 5% of the provider’s FY 2010-2011 necessary to apply a RAF to the FY 2011-2012 proposed payment rate for the procedure code, the total unit cost payment rates. State and Federal expenditures were was accepted and did not undergo a review. projected using the payment rates effective July 1, 2011, through November 14, 2011, and proposed payment rates • For total unit costs that were flagged as outliers and effective November 15, 2011, through June 30, 2012, and were not within +/- 5% of the provider’s FY 2010-2011 projected utilization, which was based on actual FY payment rate for the procedure code, the total unit 2010-2011 utilization and utilization trend factors deter- cost did undergo a review. mined by the Department. Based on this analysis, the Total Unit Cost Review Department determined a RAF of -6.00% was necessary. Final payment rates were calculated using the following The Department performed a review of all total unit formula: cost outliers that were not within +/- 5% of the final FY 2010-2011 rate. The Department established a review Final Payment Rate = Proposed Payment Rate × (1 - process and review procedures to ensure consistency RAF) across the Commonwealth. For Residential—Eligible ser- Rate Assignment Process vices, the review consisted of an evaluation of the Indi- vidual Support Plans (ISPs) for waiver participants re- The Department used the following rate assignment ceiving services at residential service locations impacted process for providers who submitted their Year 3 cost by the outlier unit cost. For all other services, a review report and passed the desk review process: (without evaluating specific ISPs) was performed. The • Assigned their cost-based rate for existing services review allowed the Department to determine whether the and service locations if completed both of the following: outlier unit cost was justified based on the provider cost report submission and historical expenses. Based on the (1) The provider signed up for both the service and findings of the review, the following criteria were applied: service location in the SSDs as of December 31, 2010. • Total unit cost outliers that were justified based on (2) The provider submitted both the service and service the ISP review or the review without ISPs were not location in their approved Year 3 cost report. adjusted. • Assigned the average of their cost report rates for an • Total unit cost outliers that were greater than the existing service at a new service location, if they had a average unit cost plus one SD and not justified based on cost-base rate assigned for that service at another service the ISP review or the review without ISPs were adjusted location on their approved cost report. to the maximum unit cost below the average plus one SD • Assigned the area adjusted average of all providers’ for that service. cost report rates for new services, if they did not submit • For Residential—Eligible services, total unit cost cost report data for the service in their cost report (that outliers that were less than the average unit cost minus is, the provider did not provide this service at any service two SD and not justified based on the ISP reviews were location in FY 2009-2010). adjusted to the minimum unit cost above the average Providers who submitted their Year 3 cost report but minus two SD for that service. whose resubmission still failed the desk review process o For all other services, no review was performed on were assigned the 25th percentile rate calculated based outliers less than the average unit cost minus two SD and on all approved cost reports for all services. all were adjusted to the minimum unit cost above the Providers who attempted to submit a cost report but average minus two SD for that service. failed to successfully upload the cost report to the online The average unit cost, the maximum unit cost below system before the deadline were assigned the 12.5 percen- the average plus one SD, and the minimum unit cost tile rate calculated based on all approved cost reports for above the average minus two SD are set forth in all services. the Department’s Statistical Unit Cost Analysis Summary The Department established the provider’s rates as the for Rates Effective November 15, 2011, through June lowest rates calculated based on all approved cost reports 30, 2012. This summary can be found on the Depart- if a provider did not attempt a cost report submission by ment’s web site at: http://www.dpw.state.pa.us/ucmprd/ the deadline or if the provider successfully submitted a groups/webcontent/documents/feeschedule/s_002146.pdf. cost report but did not resubmit a corrected cost report as For all cost-based services with fewer than 20 unique requested during the desk review process. total unit costs, there were not enough data points to Fiscal Impact produce statistically valid ranges, so the previously listed process could not be applied and the Department did not It is anticipated that there will be an approximate perform an outlier review on the total unit costs for those part-year savings of $62.384 million ($31.421 million services. State Funds) and full-year savings of $99.870 million ($50.301 million in State Funds) in FY 2012-2013. Cost of Living Adjustment and Rate Adjustment Factor (RAF) Public Comment After the unit costs for each cost-based procedure code Copies of this notice may be obtained at the local were adjusted as previously described, a total cost of Mental Health/Mental Retardation (MH/MR) County Pro-

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6175 gram, Administrative Entity (AE) or regional Office of wealth. The Department continues to move in a direction Developmental Programs (ODP) in the corresponding to align rates and rate-setting methodologies across pro- regions: grams. • Western region: Piatt Place, Room 4900, 301 5th Rate-Setting Methodology for Transportation Per Diem Avenue, Pittsburgh, PA 15222, (412) 565-5144 and Trip Cost-based Services • Northeast region: Room 315, Scranton State Office The payment rates for the period July 1, 2011, through Building, 100 Lackawanna Avenue, Scranton, PA 18503, November 14, 2011, for Per Diem and Trip transportation (570) 963-4749 services were developed from the data in the Year 2 • transportation cost reports (Version 5.0 FY 2008-2009 Southeast region: 801 Market Street, Suite 5071, Historical Expense Period) submitted by providers and Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245 approved in the desk review process, where the procedure • Central region: Room 430, Willow Oak Building, P. O. codes in the transportation cost reports were the same as Box 2675, DGS Annex Complex, Harrisburg, PA 17105, those entered in the Service and Supports Directory (717) 772-6507 (SSD) as of February 2010. The Department reviewed the transportation cost reports submitted by the transporta- Contact information for the local MH/MR County Program tion providers and compared the services where costs or AE may be found at https://www.hcsis.state.pa.us/hcsis- were allocated in the cost report to the services offered in ssd/pgm/asp/PRCNT.ASP or contact the previously refer- the SSD. enced regional ODP. Where there was an exact match between the proce- Interested persons are invited to submit written com- dure code reported on the cost report and the procedure ments regarding this notice to the Department of Public code in the SSD, the cost-based rate was assigned. If Welfare, Office of Developmental Programs, Division of there was not an exact match between the cost report and Provider Assistance and Rate Setting, 4th Floor, Health SSD, the area-average rate was assigned to the services and Welfare Building, Forster and Commonwealth Av- offered in the SSD but not reported on the cost report. If enues, Harrisburg, PA 17120. E-mail should be sent to the transportation provider did not submit a cost report, ODP’s rate-setting mailbox at [email protected] (use the lowest rate was assigned for the services offered in ‘‘PN PPS Methodology’’ in the subject line). the SSD. If there was a new provider that started Persons with a disability who require an auxiliary aid services in FY 2009-2010 and did not have historical FY or service may submit comments using the Pennsylvania 2008-2009 experience, the area average rate was as- AT&T Relay Service at (800) 654-5984 (TDD users) or signed. (800) 654-5988 (voice users). Rate-Setting Methodology for Nontransportation Cost- GARY D. ALEXANDER, based Services (Excluding Supports Coordination and Secretary Targeted Service Management) Fiscal Note: 14-NOT-732. No fiscal impact; (8) recom- For rates effective July 1, 2011, through November 14, mends adoption. 2011, the payment rates for nontransportation cost-based [Pa.B. Doc. No. 11-1966. Filed for public inspection November 11, 2011, 9:00 a.m.] services were developed from the data in the Year 2 cost reports (Version 5.0—FY 2008-2009 Historical Expense Period) submitted by providers and approved in the desk review process, when available, where the procedure codes and service locations in the cost reports were the same as those entered in the SSD as of December 31, Rate Setting Methodology for Consolidated and 2009. Procedure codes and service locations included in Person/Family Directed Support Waiver- and the cost reports, but not entered in the SSD as of Base-Funded Services for Individuals Participat- December 31, 2009, were not included in calculating ing in the Office of Developmental Programs payment rates. Service System from July 1, 2011, through No- Final payment rates effective July 1, 2011, through vember 14, 2011 November 14, 2011, include the -2.50% rate adjustment factor (RAF) calculated for FY 2010-2011. The Department of Public Welfare (Department) is Outlier Review Process correcting the Prospective Payment System (PPS) notice published at 41 Pa.B. 3307 (June 25, 2011). The ‘‘total unit cost’’ for a provider and service is equal to the total expenses for that provider and service divided Specifically, payment rates for providers of Consolidated by the total units for that provider and service. The total Waiver, Person/Family Directed Support Waiver (P/FDS) expenses are listed as follows by service type: and base funded services for a waiver service location • identified as cost based services in Fiscal Year (FY) Licensed Respite Out-of-Home services: Total ex- 2010-2011 will continue to have the same payment rates penses are equal to the cost report’s Schedule A, Line 18 as the FY 2010-2011 final payment rate for the period of plus Schedule A, Line 23 of the cost reports. July 1, 2011, through November 14, 2011. This correction • Residential—Eligible, Nonresidential and all other is applicable for transportation per diem and trip cost Respite services: Total expenses are equal to the cost based services, nontransportation cost based services, report’s Schedule A, Line 18. Supports Coordination and Targeted Service Management • rates. Residential—Ineligible services: Total expenses are equal to residential occupancy expenses on the cost Background report’s Schedule A, Line 23, less Line 17. Beginning in 2008, the Department began implementa- The total utilization for residential services is equal to tion of a Statewide rate setting system to establish the cost report’s Schedule A, Line 19 (Units Available) provider payment rates consistently across this Common- and for all other services is equal to the cost report’s

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Schedule A, Line 21 (Units Provided). Final utilization was justified based on the cost report submission and includes any applicable utilization adjustments based on historical expenses. Based on the review, the Department a review of the cost report data compared to available applied the following principles: Home and Community Services Information System and ⅙ A unit cost justified by the needs of the waiver PROMISe data. participants at the service location for residential services The following two allowable cost parameters were used: and by the enhanced review for nonresidential services • Salary and Employee Related Expenses (ERE) unit was not adjusted. cost—The combined impact of a provider’s staffing levels ⅙ A unit cost not justified by the needs of the waiver and salary and ERE expense levels for direct care staff participants at the service location for residential services (calculated using the data reported on the cost report’s and by the review for nonresidential services was ad- Schedule A, Lines 1 and 2, adjusted to account for justed to the maximum unit cost value within two SD adjustments reported, and divided by the reported utiliza- above the average unit cost for the procedure code. tion, as modified to correct errors). The average unit cost, the maximum unit cost below • Administration expense percentage—The administra- one SD above the average unit cost and the maximum tion expenses as a percentage of the total expenses unit cost below two SD above the average unit cost (calculated using the data reported on the cost report’s are set forth in the Department’s Statistical Unit Cost Schedule A, Lines 6, 7, 9, 10, 13, 14 and 15 of the cost Analysis Summary for Rates Effective July 1, 2011, report divided by the reported utilization, as modified to through November 14, 2011. This summary can be found correct errors). on the Department’s web site at http://www.dpw.state. After calculating the adjusted unit costs and allowable pa.us/ucmprd/groups/webcontent/documents/feeschedule/ cost parameters for each procedure code for the services s_002146.pdf. delivered by each provider, the Department identified and Allowable Cost Parameter Review adjusted for outliers at the total unit cost level for each of the providers’ cost-based services submitted in Year 2 For procedure codes with total unit costs that were not approved cost reports. For all services with 20 or more identified as outliers, the Department reviewed the allow- unique unit costs, the Department applied the following able cost parameters for each procedure code to determine process for each service: if either of the allowable cost parameters were more than two SD above the average allowable cost parameter for • The average and standard deviation (SD) values were the procedure code and adjusted the allowable cost pa- calculated, excluding extreme outliers, based on the total rameters as follows: unit costs for all providers from the Year 2 cost report data. • In the vast majority of cases, the Department identified either an error or a misclassification of the data in • Total unit costs that were greater than the average the cost report and most allowable cost parameters that plus one SD were flagged as outliers were flagged as outliers were not adjusted. • For total unit costs that were flagged as outliers and • For those that were adjusted based on a review of the were within +/- 5% of the provider’s FY 2009-2010 provider’s cost report and allocation methodology, the payment rate for the procedure code, the total unit cost allowable cost parameter was adjusted down to the was accepted and did not undergo a review. maximum allowable cost parameter within two SD above • For total unit costs that were flagged as outliers and the average allowable cost parameter for the procedure were not within +/- 5% of the provider’s FY 2009-2010 code. payment rate for the procedure code, the total unit cost did undergo a review, as described as follows. For all cost-based services with fewer than 20 unique total unit costs, there were not enough data points to • For total unit costs that were not identified as produce statistically valid ranges, so the previously listed outliers, the allowable cost parameters underwent a process could not be applied and the Department did not review, as described as follows. perform an outlier review on the total unit costs for those Total Unit Cost Review services. The Department performed a review of the total unit Cost of Living Adjustment and RAF costs and allowable cost parameters for each procedure After the unit costs for each procedure code were code and adjusted outliers, applying the following prin- adjusted as previously described, a total cost of living ciples: increase of 0% (0% for FY 2008-2009 and 0% for FY • Total unit cost outliers that were between one SD 2009-2010) was applied to the FY 2008-2009 unit costs for and two SD above the average unit cost were adjusted to each procedure code to establish each provider’s proposed the maximum unit cost value within one SD above the payment rates for FY 2010-2011. average unit cost for the procedure code. The Department then compared projected FY 2010-2011 • Total unit cost outliers that were more than two SD State and Federal expenditures to the corresponding FY above the average unit cost were reviewed by the Depart- 2010-2011 budget appropriation for the Consolidated and ment in the following manner. P/FDS waiver programs to determine if a RAF was necessary for the FY 2010-2011 rates. State and Federal Ⅲ For Residential—Eligible services, the review con- expenditures were projected using the draft payment sisted of an evaluation of the Individual Support Plans rates and projected utilization, which was based on actual (ISPs) for waiver participants receiving services at the FY 2009-2010 utilization and utilization trend factors residential service locations impacted by the outlier unit determined by the Department. Based on this analysis, cost. the Department determined a RAF of -2.50% was neces- Ⅲ For all other services, a review (without evaluating sary to ensure projected expenditures would not exceed specific ISPs) was performed. The review allowed the the available appropriation in FY 2010-2011. Final pay- Department to determine whether the outlier unit cost ment rates were calculated using the following formula:

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Final Payment Rate = Proposed Payment Rate × (1 - Fiscal Impact RAF) There is no anticipated fiscal impact. Rate Assignment Process Public Comment The Department used the following process for provid- Copies of this notice may be obtained at the local ers who submitted their Year 2 cost report and passed the Mental Health/Mental Retardation (MH/MR) County Pro- desk review process: gram, Administrative Entity (AE) or regional Office of • Assigned their cost-based rate for existing services Developmental Programs (ODP) in the corresponding and new service locations if completed both the following: regions: (1) The provider signed up for both the service and • Western region: Piatt Place, Room 4900, 301 5th service location in the SSD as of December 31, 2009. Avenue, Pittsburgh, PA 15222, (412) 565-5144 (2) The provider submitted both the service and service • Northeast region: Room 315, Scranton State Office location in their approved Year 2 cost report. Building, 100 Lackawanna Avenue, Scranton, PA 18503, (570) 963-4749 • Assigned the average of their cost report rates for an existing service at a new service location, if they had a • Southeast region: 801 Market Street, Suite 5071, cost-based rate assigned for that service at another Philadelphia, PA 19107, (215) 560-2242 or (215) 560-2245 service location on their approved cost report. • Central region: Room 430, Willow Oak Building, P. O. • Assigned the area adjusted average of all providers’ Box 2675, DGS Annex Complex, Harrisburg, PA 17105, cost report rates for new services, if they did not submit (717) 772-6507 cost report data for the service in their cost report (that Contact information for the local MH/MR County Pro- is, the provider did not provide this service at any service gram or AE may be found at https://www.hcsis.state.pa.us/ location in FY 2008-2009). hcsis-ssd/pgm/asp/PRCNT.ASP or contact the previously Providers who submitted their Year 2 cost report whose referenced regional ODP. resubmission failed the desk review process were as- Interested persons are invited to submit written com- signed the 25th percentile rate calculated based on all ments regarding this notice to the Department of Public approved cost reports for all services. Welfare, Office of Developmental Programs, Division of Providers who attempted to submit a cost report but Provider Assistance and Rate Setting, 4th Floor, Health failed to successfully upload the cost report to the online and Welfare Building, Forster and Commonwealth Av- system before the deadline were assigned the 12.5 percen- enues, Harrisburg, PA 17120. E-mail should be sent to tile rate calculated based on all approved cost reports for ODP’s rate-setting mailbox at [email protected] (use all services. ‘‘PN PPS Methodology’’ in the subject line). The Department established a provider’s rate as the Persons with a disability who require an auxiliary aid lowest rate calculated based on all approved cost reports or service may submit comments using the Pennsylvania if a provider did not attempt a cost report submission by AT&T Relay Service at (800) 654-5984 (TDD users) or the deadline or if the provider successfully submitted a (800) 654-5988 (voice users). cost report but did not resubmit a corrected cost report as GARY D. ALEXANDER, requested during the desk review process. Secretary Rate-Setting Methodology for Supports Coordination and Fiscal Note: 14-NOT-731. No fiscal impact; (8) recom- Targeted Service Management Cost-based Services mends adoption. [Pa.B. Doc. No. 11-1967. Filed for public inspection November 11, 2011, 9:00 a.m.] Providers reported several difficulties in completing their cost report, including identifying units, allocating administration expenses and allocating staff time between waiver SC services and Targeted Services Manage- ment. The Department determined it was not possible to use the data to develop FY 2010-2011 payment rates because the reported difficulties undermined the reliabil- DEPARTMENT OF ity and accuracy of the cost report data. TRANSPORTATION Therefore, the payment rates for FY 2010-2011 and FY 2011-2012 for the period July 1, 2011, through November Contemplated Sale of Land No Longer Needed for 14, 2011 were based on each provider’s FY 2009-2010 Transportation Purposes payment rates instead of the FY 2008-2009 cost report data. To establish each provider’s FY 2010-2011 payment The Department of Transportation (Department), under rates, the Department first applied a cost of living section 2003(e)(7) of The Administrative Code of 1929 (71 increase of 0% to each FY 2009-2010 rate. The Depart- P. S. § 513(e)(7)), intends to sell certain land owned by it. ment then projected total FY 2010-2011 waiver expenditures using the proposed payment rates and projected The following property is available for sale by the utilization for all waiver services and compared those Department. projected expenditures to the adjusted budget amounts. A Parcel No. 56—Etna Borough, Allegheny County rate adjustment factor of -2.50% was applied to the adjusted unit costs for all waiver services except fee The parcel contains approximately 4,300 +/- square feet schedule, outcome-based, and vendor services, so that the of unimproved land located along Greismere Street and estimated waiver expenditures would not exceed the SR 0008. The estimated fair market value of the parcel is available waiver appropriation. $2,600.

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Interested public entities are invited to express their interest in purchasing the site within 30 calendar days Disapproval Order from the date of publication of this notice to H. Daniel Cessna, P.E., District Executive, Department of Transpor- Public Meeting held tation, Engineering District 11-0, 45 Thoms Run Road, October 20, 2011 Bridgeville, PA 15017. Commissioners Voting: Silvan B. Lutkewitte, III, Chair- BARRY J. SCHOCH, P.E., person; George D. Bedwick, Vice Chairperson; John F. Secretary Mizner, Esq.; Lawrence J. Tabas, Esq. [Pa.B. Doc. No. 11-1968. Filed for public inspection November 11, 2011, 9:00 a.m.] Pennsylvania Liquor Control Board— Connection With Other Business; Regulation No. 54-67 (#2912) On September 7, 2011, the Independent Regulatory Review Commission (Commission) received this regula- ENVIRONMENTAL tion from the Pennsylvania Liquor Control Board (Board). This rulemaking amends 40 Pa. Code § 3.52. Notice of HEARING BOARD proposed rulemaking was omitted for this regulation; it will become effective upon publication in the Pennsylva- UMCO Energy, Inc. v. DEP; EHB Doc. No. 2011- nia Bulletin. 156-R The purpose of this final-omitted rulemaking is to amend the Board’s existing regulations to allow certain UMCO Energy, Inc. has appealed by the Department of businesses, namely casinos, licensed by both the Board Environmental Protection renewal of an NPDES Permit and the Pennsylvania Gaming Control Board (PGCB), to to UMCO Energy, Inc. for a facility in Fallowfield Town- keep their liquor licenses and their gaming licenses in ship, Washington County. separate legal entities under common ownership, particu- A date for the hearing on the appeal has not yet been larly, wholly-owned subsidiaries. scheduled. Upon review, we find that § 3.52(a) is ambiguous and The appeal is filed with the Environmental Hearing lacks clarity and therefore does not satisfy the criterion Board (Board) at its office on the Second Floor, Rachel set forth in Section 5.2(b)(3)(ii) of the Regulatory Review Carson State Office Building, 400 Market Street, P. O. Act (71 P. S. § 745.5b(b)(3)(ii)). As drafted, this provision Box 8457, Harrisburg, PA 17105-8457, and may be re- does not limit the licensing arrangement to wholly-owned viewed by any interested party on request during normal subsidiaries of the licensee. Of particular concern is the business hours. If information concerning this notice is use of the word ‘‘person’’ and the phrase ‘‘under common required in an alternative form, contact the Secretary to control.’’ The regulated community that must comply with the Board at (717) 787-3483. TDD users may telephone the rulemaking is subject to two statutes: the Liquor the Board through the Pennsylvania AT&T Relay Center Code (47 P. S. §§ 1-101—8-803) and the Pennsylvania at (800) 654-5984. Race Horse Development and Gaming Act (4 Pa.C.S.A. §§ 1101—1904). These statutes have different definitions Petitions to intervene in the appeal may be filed with of the term ‘‘person.’’ In addition, the phrase ‘‘under the Board by interested parties under 25 Pa. Code common control’’ is not defined by either statute or the § 1021.81 (relating to intervention). Copies of the Board’s Board’s existing regulations. Differing standards for the rules of practice and procedure are available upon request term ‘‘person’’ and a lack of specificity for the phrase from the Board. ‘‘under common control’’ could cause difficulty in adminis- THOMAS W. RENWAND, tering this provision and lead to costly litigation. Chairperson We have determined this regulation is consistent with [Pa.B. Doc. No. 11-1969. Filed for public inspection November 11, 2011, 9:00 a.m.] the statutory authority of the Board (47 P. S. § 2-207(i)) and the intention of the General Assembly. However, after considering the other criteria of the Regulatory Review Act discussed above, we find promulgation of this regulation is not in the public interest. INDEPENDENT By Order of the Commission: The regulation #54-67 (IRRC #2912) from the Pennsyl- REGULATORY REVIEW vania Liquor Control Board was disapproved on 10/20/11. COMMISSION Disapproval Order Action Taken by the Commission Public Meeting held The Independent Regulatory Review Commission met October 20, 2011 publicly at 10 a.m., Thursday, October 20, 2011, and Commissioners Voting: Silvan B. Lutkewitte, III, Chair- announced the following: person; George D. Bedwick, Vice Chairperson; John F. Action Taken—Regulations Disapproved Mizner, Esq.; Lawrence J. Tabas, Esq. Pennsylvania Liquor Control Board #54-67: Connection State Board of Medicine— With Other Business (amends 40 Pa. Code § 3.52) Perfusionist; Regulation No. 16A-4931 (#2848) State Board of Medicine #16A-4931: Perfusionist (amends 49 Pa. Code §§ 16.11, 16.13 and adds §§ 18.531 On May 11, 2010, the Independent Regulatory Review to 18.541) Commission (Commission) received this proposed regula-

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6179 tion from the State Board of Medicine (Board). This are ‘‘serious illness, military service or other demon- rulemaking amends 49 Pa. Code §§ 16.11, 16.13 and adds strated hardship,’’ we believe the regulation would be §§ 18.531 to 18.541. The proposed regulation was pub- clearer by including these specific statutory conditions for lished in the May 22, 2010 Pennsylvania Bulletin with a waiver in the regulation. Again, we believe that direct 30-day public comment period. The final-form regulation and clear notice in the wording of the regulation will was submitted to the Commission on September 12, 2011. benefit both the Board and licensees in successfully This regulation implements Act 19 of 2008 which implementing a waiver. established licensure of perfusionists. The regulation sets We have determined this regulation is consistent with forth requirements for several types of licenses, including the statutory authority of the Board and the intention of a general license, a temporary graduate license, a tempo- the General Assembly. However, we find that the regula- rary provisional license and a one-time temporary emer- tion does not meet the Regulatory Review Act criterion of gency exemption from licensure. It also addresses require- clarity (71 P. S. § 745.5b(b)(3)(ii)). Therefore, ments for continuing education and liability insurance. We have identified three areas where this regulation By Order of the Commission: does not meet the criterion of clarity in the Regulatory The regulation #16A-4931 (IRRC #2848) from the State Review Act (71 P. S. § 745.5b(b)(3)(ii)). First, 63 P. S. Board of Medicine was disapproved on 10/20/11. § 422.13c(n)(1) states: SILVAN B. LUTKEWITTE, III, The board shall adopt, promulgate and enforce rules Chairperson and regulations consistent with the provisions of this [Pa.B. Doc. No. 11-1970. Filed for public inspection November 11, 2011, 9:00 a.m.] act establishing requirements of continuing education to be met by individuals licensed as perfusionists under this act as a condition for renewal of their licenses....(Emphasis added.) Paragraph 18.537(b)(4) requires the licensee to verify compliance with the continuing education provisions in the act, but does not clearly state that completion of INSURANCE DEPARTMENT continuing education is a condition for license renewal. In Agency Contract Termination of Cornerstone Pro- addition, Paragraph 18.537(b)(4) cross-references Section 18.540 which imposes the vague penalty of ‘‘discipline’’ at fessional Liability Consultants under Act 143; Paragraph 18.540(a)(3) for failure to complete continuing Professional Casualty Association; Doc. No. education. Direct and clear notice in the wording of the AT11-10-014 regulation will benefit both the Board and licensees in obtaining compliance. Clear notice can also avoid the A prereview telephone conference initiated by this office expense of the Board taking actions against the licensee is scheduled for December 20, 2011, at 10 a.m. A date for and the potential loss of income for the licensee. There- the review of the agency contract termination shall be fore, while the intent and actions of the Board may be to determined, if necessary, at the prereview telephone not renew a license, we find that clear notice to licensees conference. is needed in the regulation that the Board cannot renew a license if the licensee fails to complete the required Motions preliminary to those at the review, protests, continuing education. petitions to intervene or notices of intervention, if any, The second provision that needs to be clearer is Para- must be filed on or before December 5, 2011, with the graph 18.539(b)(3). The paragraphs under Subsection (b) Hearings Administrator, Administrative Hearings Office, establish what constitutes unprofessional conduct. Para- Capitol Associates Building, Room 200, 901 North Sev- graph (3), as amended, establishes the following as enth Street, Harrisburg, PA 17102. Answer to petitions to unprofessional conduct: intervene, if any, shall be filed on or before December 19, 2011. Performing acts in the practice of a healthcare profes- sion in violation of a statute or regulation in this Persons with a disability who wish to attend the Commonwealth, the United States, or another state, previously-referenced administrative review and require the District of Columbia, a territory of the United an auxiliary aid, service or other accommodation to States, or another country. participate in the review should contact Donna R. As worded, regardless of where the licensee is practic- Fleischauer, Human Resources Director, (717) 705-4194. ing, the licensee would have to comply with all statutes MICHAEL F. CONSEDINE, and regulations in all jurisdictions. We do not believe this Insurance Commissioner was the Board’s intent. However, the language of the [Pa.B. Doc. No. 11-1971. Filed for public inspection November 11, 2011, 9:00 a.m.] regulation needs to be amended to avoid the impractical situation where, for example, a licensee practicing in Pennsylvania who performs a procedure in full compliance with Pennsylvania’s statutes and regulations, could technically be found under Paragraph (3) to have engaged in unprofessional conduct because the procedure violates Allstate Fire and Casualty Insurance Company; the statute or regulations of another state or country. The Private Passenger Automobile Rate and Rule Board should review and clarify Paragraph (3). Revisions The third area that should be clarified is the conditions for waiver of the continuing education requirements in On October 10, 2011, the Insurance Department (De- Paragraph 18.540(a)(4). This provision relies on a cross- partment) received from Allstate Fire and Casualty Insur- reference to 63 P. S. § 422.13c(n)(4). Although 63 P. S. ance Company a filing for rate level changes for private § 422.13c(n)(4) provides the conditions for waiver, which passenger automobile insurance.

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The Allstate Fire and Casualty Insurance Company Erie Insurance Exchange; Private Passenger Auto requests an overall 2% increase amounting to $7,909,216 Insurance Rate and Rule Revision annually, to be effective April 16, 2012, for new business and May 17, 2012, for renewal business. This overall figure represents an average; the effect of this filing on On October 24, 2011, the Insurance Department (De- the rates for individual consumers may vary. partment) received from Erie Insurance Exchange a filing for a proposed rate level and rule change for Private Unless formal administrative action is taken prior to Passenger Auto insurance. December 9, 2011, the subject filing may be deemed approved by operation of law. Erie Insurance Exchange requests an overall 0.1% decrease amounting to $528,000 annually, to be effective A copy of the filing is available on the Department’s April 1, 2012. This overall figure represents an average; web site at www.insurance.pa.gov. To access the filing, the effect of this filing on the rates for individual under ‘‘How to Find...’’ click on ‘‘View Current Rate consumers may vary. Filings.’’ Unless formal administrative action is taken prior to Interested parties are invited to submit written com- December 23, 2011, the subject filing may be deemed ments, suggestions or objections to Michael McKenney, approved by operation of law. Insurance Department, Office of Insurance Product Regu- lation, 1311 Strawberry Square, Harrisburg, PA 17120, A copy of the filing is available on the Department’s [email protected] within 30 days after publication of web site at www.insurance.pa.gov. To access the filing, this notice in the Pennsylvania Bulletin. under ‘‘How to Find...’’ click on ‘‘View Current Rate Filings.’’ MICHAEL F. CONSEDINE, Insurance Commissioner Interested parties are invited to submit written com- [Pa.B. Doc. No. 11-1972. Filed for public inspection November 11, 2011, 9:00 a.m.] ments, suggestions or objections to Eric Zhou, Insurance Department, Insurance Product Regulation, 1311 Straw- berry Square, Harrisburg, PA 17120, [email protected] within 15 days after publication of this notice in the Pennsylva- nia Bulletin. Blue Oil Company, Inc.; Prehearing MICHAEL F. CONSEDINE, Insurance Commissioner [Pa.B. Doc. No. 11-1974. Filed for public inspection November 11, 2011, 9:00 a.m.] Appeal of Blue Oil Company, Inc. under the Storage Tank and Spill Prevention Act; Underground Storage Tank Indemnification Fund; USTIF File No. 2011-0067(S); Doc. No. UT11-10-009 Physicians Insurance Program Exchange; Prehear- The proceedings in this matter will be governed by 2 ing Pa.C.S. §§ 501—508 and 701—704 (relating to the Ad- ministrative Agency Law); 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure); Appeal of Physicians Insurance Program Exchange and any other relevant procedure provisions of law. under the Act of July 3, 1986 (P. L. 396, No. 86) (40 P. S. §§ 3401—3409); Patricia Sutton, D.O.; A prehearing telephone conference shall be held on File No. 11-214-105174; Doc. No. P11-10-004 January 4, 2012, at 10 a.m. Motions preliminary to those at hearing, protests, petitions to intervene, notices of A prehearing telephone conference initiated by the appearance or notices of intervention, if any, must be filed Administrative Hearings Office is scheduled for December with the Hearings Administrator, at the Administrative 20, 2011, at 1:30 p.m. Each party shall provide the Hearings Office, Room 200, Capitol Associates Building, Hearings Administrator a telephone number to be used 901 North Seventh Street, Harrisburg, PA 17102 on or for the telephone conference on or before December 16, before December 20, 2011. Answers to petitions to inter- 2011. vene, if any, shall be filed on or before January 3, 2012. The proceedings in this matter will be governed by 2 A date for a hearing shall be determined, if necessary, Pa.C.S. §§ 501—508, 701—704 (relating to the Adminis- at the prehearing/settlement telephone conference. trative Agency Law); 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure); Persons with a disability who wish to attend the and 31 Pa. Code Chapter 56 (relating to special rules of previously-referenced administrative hearing and require administrative practice and procedure). an auxiliary aid, service or other accommodation to participate in the hearing, contact Donna R. Fleischauer, Motions preliminary to those at hearing, protests, Human Resources Director, (717) 705-4194. petitions to intervene or notices of intervention, if any, must be filed on or before December 5, 2011, with the MICHAEL F. CONSEDINE, Hearings Administrator, Administrative Hearings Office, Insurance Commissioner Capitol Associates Building, Room 200, 901 North Sev- [Pa.B. Doc. No. 11-1973. Filed for public inspection November 11, 2011, 9:00 a.m.] enth Street, Harrisburg, PA 17102. Answer to petitions to intervene, if any shall be filed on or before December 19, 2011.

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A written request for continuance of the scheduled prehearing telephone conference, for good cause will be PENNSYLVANIA PUBLIC considered by the Presiding Officer. Prior to requesting a continuance, a party must contact the opposing party. All UTILITY COMMISSION continuance requests must indicate whether the opposing Certificate of Public Convenience party objects to a continuance. MICHAEL F. CONSEDINE, A-2011-2270585. Verizon Pennsylvania, Inc. Appli- Insurance Commissioner cation of Verizon Pennsylvania, Inc. for a Certificate of [Pa.B. Doc. No. 11-1975. Filed for public inspection November 11, 2011, 9:00 a.m.] Public Convenience evidencing all approvals under the Public Utility Code for the sale of a building at 332 Donahoe, Greensburg, PA.

Formal protests and petitions to intervene must be filed Review Procedure Hearings under the Unfair In- in accordance with 52 Pa. Code (relating to public utilities). Filings must be made with the Secretary of the surance Practices Act Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the The following insured has requested a hearing as applicant, on or before November 22, 2011. The docu- authorized by section 8 of the Unfair Insurance Practices ments filed in support of the application are available for Act (40 P. S. § 1171.8) in connection with the company’s inspection and copying at the Office of the Secretary termination of the insured’s homeowners policy. The between 8 a.m. and 4:30 p.m., Monday through Friday, on hearing will be held in accordance with the requirements the Pennsylvania Public Utility Commission’s web site at of the act; 1 Pa. Code Part II (relating to General Rules of www.puc.state.pa.us, and at the applicant’s business ad- Administrative Practice and Procedure); and 31 Pa. Code dress. §§ 56.1—56.3 (relating to Special Rules of Administrative Practice and Procedure). The administrative hearing will Applicant: Verizon Pennsylvania, Inc. be held in the Insurance Department’s regional offices in Harrisburg, PA. Failure by an appellant to appear at a Through and By Counsel: Suzan D. Paiva, Esquire, scheduled hearing may result in dismissal with prejudice. 1717 Arch Street, 3rd Floor, Philadelphia, PA 17103 ROSEMARY CHIAVETTA, The following hearing will be held in the Administra- Secretary tive Hearings Office, Capitol Associates Building, Room [Pa.B. Doc. No. 11-1977. Filed for public inspection November 11, 2011, 9:00 a.m.] 200, 901 North Seventh Street, Harrisburg, PA 17102. Appeal of Robert L. Elia; file no. 11-181-105882; State Farm Fire and Casualty Company; Doc. No. P11-08-014; November 8, 2011, 1:30 p.m. Petition for Finding Parties may appear with or without counsel and offer relevant testimony and/or other relevant evidence. Each party must bring documents, photographs, drawings, P-2011-2269411. PPL Electric Utilities Corpora- claims files, witnesses, and the like, necessary to support tion. Petition of PPL Electric Utilities Corporation for a the party’s case. A party intending to offer documents or finding that a building to shelter control equipment at the photographs into evidence shall bring enough copies for East Tannersville 138-12 kV substation to be construction the record and for each opposing party. in Pocono Township, Monroe County is reasonably necessary for the convenience or welfare of the public. Following the hearing and receipt of the stenographic transcript, the Insurance Commissioner (Commissioner) Formal protests and petitions to intervene must be filed will issue a written order resolving the factual issues in accordance with 52 Pa. Code (relating to public utili- presented at the hearing and stating what remedial ties). Filings must be made with the Secretary of the action, if any, is required. The Commissioner’s Order will Pennsylvania Public Utility Commission, P. O. Box 3265, be sent to those persons participating in the hearing or Harrisburg, PA 17105-3265, with a copy served on the their designated representatives. The Order of the Com- applicant, on or before Monday, November 28, 2011. The missioner may be subject to judicial review by the documents filed in support of the application are avail- Commonwealth Court. able for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Persons with a disability who wish to attend the Friday, and at the applicant’s business address. previously-referenced administrative hearing and require Applicant: PPL Electric Utilities Corporation an auxiliary aid, service or other accommodation to participate in the hearing should contact Donna R. Through and By Counsel: Jessica R. Rogers, Post & Fleischauer, Human Resources Director at (717) 705- Schell, 17 North Second Street, 12th Floor, Harrisburg, 4194. PA 17101 MICHAEL F. CONSEDINE, ROSEMARY CHIAVETTA, Insurance Commissioner Secretary [Pa.B. Doc. No. 11-1976. Filed for public inspection November 11, 2011, 9:00 a.m.] [Pa.B. Doc. No. 11-1978. Filed for public inspection November 11, 2011, 9:00 a.m.]

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Service of Notice of Motor Carrier Applications Water Service A-2011-2269905 and A-2011-2269971. Pennsylvania The following temporary authority and/or permanent American Water Company and All Seasons Water authority applications for the right to render service as a Company. Joint application of Pennsylvania American common carrier or contract carrier in this Commonwealth Water Company and All Seasons Water Company for have been filed with the Pennsylvania Public Utility approval of: 1) the transfer, by sale, of the water works Commission. Formal protests and petitions to intervene property and rights of the All Seasons Water Company to must be filed in accordance with 52 Pa. Code (relating to Pennsylvania American Water Company; 2) beginning by public utilities). A protest shall indicate whether it ap- Pennsylvania American Water Company of water service plies to the temporary authority application, the perma- to the public in portions of Delaware Township, Pike nent authority application, or both. Filings must be made County, presently being served by All Seasons Water with the Secretary, Pennsylvania Public Utility Commis- Company; and 3) the abandonment by All Seasons Water sion, P. O. Box 3265, Harrisburg, PA 17105-3265, with a Company of all water service to the public in this copy served on the applicant by November 28, 2011. Commonwealth. Documents filed in support of the applications are avail- Formal protests and petitions to intervene must be filed able for inspection and copying at the Office of the in accordance with 52 Pa. Code (relating to public utili- Secretary between 8 a.m. and 4:30 p.m., Monday through ties). Filings must be made with the Secretary of the Friday, and at the business address of the respective Pennsylvania Public Utility Commission, P. O. Box 3265, applicant. Harrisburg, PA 17105-3265, with a copy served on the Application of the following for approval to begin applicant, on or before November 28, 2011. The docu- operating as common carriers for transportation ments filed in support of the application are available for of persons as described under the application. inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, on A-2011-2249149. (Corrected) Institute for the De- the Pennsylvania Public Utility Commission’s web site at velopment of African-American Youth, Inc., 2221 www.puc.state.pa.us, and at the applicant’s business ad- North Broad Street, Philadelphia, Philadelphia County, dress. PA 19132—for the right to begin to transport, as a Applicant: Pennsylvania American Water Company and common carrier, persons in paratransit service by provid- All Seasons Water Company ing charitable and educational activities, from points in Through and By Counsel: Velma A. Redmond, Esquire, the City and County of Philadelphia, to Commonwealth Susan Simms Marsh, Esquire, Seth A. Mendelsohn, Es- correctional facilities in Pennsylvania, and return. quire, 800 West Hersheypark Drive, Hershey, PA 17033 ROSEMARY CHIAVETTA, ROSEMARY CHIAVETTA, Secretary Secretary [Pa.B. Doc. No. 11-1979. Filed for public inspection November 11, 2011, 9:00 a.m.] [Pa.B. Doc. No. 11-1981. Filed for public inspection November 11, 2011, 9:00 a.m.]

Telecommunications STATE BOARD A-2011-2269573. Verizon Pennsylvania Inc. and RNK Pennsylvania, Inc. Joint petition of Verizon Penn- OF NURSING sylvania, Inc. and RNK Pennsylvania, Inc. for approval of Automatic Suspension of the License to Practice amendment No. 2 to the interconnection agreement under Professional Nursing of Sara J. Whitlatch, RN; section 252(e) of the Telecommunications Act of 1996. Doc. No. 1518-51-11 Verizon Pennsylvania, Inc. and RNK Pennsylvania, Inc., by its counsel, filed on October 27, 2011, at the On August 22, 2011, Sara J. Whitlatch, license no. Pennsylvania Public Utility Commission (Commission), a RN598054, of Uniontown, Fayette County, had her nurs- joint petition for approval of amendment No. 2 to inter- ing license automatically suspended, based on her felony connection agreement under sections 251 and 252 of the conviction under the Drug Act. Telecommunications Act of 1996. Individuals may obtain a copy of the final order by writing to Roberta L. Silver, Board Counsel, State Board Interested parties may file comments concerning the of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649. petition and agreement with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, This final order represents the State Board of Nursing’s PA 17105-3265. Comments are due on or before 10 days (Board) final decision in this matter. It may be appealed after the date of publication of this notice. Copies of the to the Commonwealth Court of Pennsylvania by the filing Verizon Pennsylvania, Inc. and RNK Pennsylvania, Inc. of a petition for review with that court in accordance with joint petition are on file with the Commission and are the Pennsylvania Rules of Appellate Procedure. Individu- available for public inspection. als who take an appeal to the Commonwealth Court must serve the Board with a copy of their petition for review. The contact person is Cheryl Walker Davis, Director, The Board contact for receiving service of the appeals is Office of Special Assistants, (717) 787-1827. the previously-named Board counsel. ROSEMARY CHIAVETTA, JOSEPH J. NAPOLITANO, PhD, MPH, CRNP, Secretary Chairperson [Pa.B. Doc. No. 11-1980. Filed for public inspection November 11, 2011, 9:00 a.m.] [Pa.B. Doc. No. 11-1982. Filed for public inspection November 11, 2011, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 41, NO. 46, NOVEMBER 12, 2011 NOTICES 6183 STATE EMPLOYEES’ RETIREMENT BOARD Hearings Scheduled

The following hearings have been scheduled, as authorized by 71 Pa.C.S. Part XXV (relating to the State Employees’ Retirement Code), in connection with the State Employees’ Retirement System’s denial of Claim- ants’ request concerning the indicated accounts.

The hearings will be held before a hearing officer at the State Employees’ Retirement System, 30 North Third Street, Fifth Floor, Harrisburg, PA 17101: December 8, 2011 Paul F. Dschuhan 1 p.m. Pension Forfeiture December 9, 2011 Brett C. Paulhamus (D) 1 p.m. Death Benefit December 15, 2011 Tonya Bass 1 p.m. Disability Retirement Benefits

Parties in each respective case may appear with or without counsel and offer relevant testimony or evidence to support their respective positions. The hearings will be held in accordance with the requirements of 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law). Under 4 Pa. Code § 250.1 (relating to applicability of general rules), procedural matters will be in conformance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure), unless specific exemption is granted. LEONARD KNEPP, Secretary [Pa.B. Doc. No. 11-1983. Filed for public inspection November 11, 2011, 9:00 a.m.]

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